This document is an excerpt from the EUR-Lex website
Document 62021TN0643
Case T-643/21: Action brought on 5 October 2021 — Foodwatch v Commission
Case T-643/21: Action brought on 5 October 2021 — Foodwatch v Commission
Case T-643/21: Action brought on 5 October 2021 — Foodwatch v Commission
OJ C 481, 29.11.2021, p. 38–39
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
29.11.2021 |
EN |
Official Journal of the European Union |
C 481/38 |
Action brought on 5 October 2021 — Foodwatch v Commission
(Case T-643/21)
(2021/C 481/53)
Language of the case: German
Parties
Applicant: Foodwatch eV (Berlin, Germany) (represented by: R. Klinger, C. Douhaire and S. Ernst, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the Commission’s decision of 5 August 2021 (C(2021)5963 final) pursuant to Regulation (EC) No 1049/2001, rejecting the applicant’s confirmatory application of 6 May 2021 for full access to the document ‘Briefing for the EU RCF co-chair for the Regulatory Cooperation Forum meeting on 3-4 February 2020’ (Ares(2021)1264866), in so far as the rejection is based on the ground for refusal laid down in the third indent of Article 4(1)(a) of Regulation (EC) No 1049/2001, and |
— |
order the Commission to pay the costs of the proceedings including those incurred by the applicant. |
Pleas in law and main arguments
In support of the action against Commission Decision C(2021)5963 final of 5 August 2021, refusing unrestricted access to a preparatory document relating to a meeting of the Regulatory Cooperation Forum (RCF) concerning the EU-Canada Comprehensive Economic and Trade Agreement (CETA), the applicant relies on the following pleas in law:
1. |
First plea in law, alleging infringement of the third indent of Article 4(1)(a) of Regulation No 1049/2001 (1) through misapplication of the law
|
2. |
Second plea in law, alleging infringement of Article 4(6) of Regulation No 1049/2001, as a result of the incorrect decision to disclose only parts of the document at issue. |
3. |
Third plea in law, alleging infringement of Article 4(7) of Regulation No 1049/2001, because no time limit was placed on the refusal of access. |
4. |
Fourth plea in law, alleging infringement of the duty to state reasons pursuant to Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union. |
(1) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).