31.5.2021 |
EN |
Official Journal of the European Union |
C 206/32 |
Action brought on 23 March 2021 — De Capitani v Council
(Case T-163/21)
(2021/C 206/40)
Language of the case: English
Parties
Applicant: Emilio De Capitani (Brussels, Belgium) (represented by: O. Brouwer and B. Verheijen, lawyers)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
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annul the defendant’s decision to refuse access to certain documents requested pursuant to 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, as communicated to the Applicant on 14 January 2021 in a letter with the reference SGS 21/000067, including the annex thereto; |
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order the Council to pay the applicant’s costs pursuant to Article 134 of the Rules of Procedure of the General Court, including the costs relating to any intervening parties. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging errors of law and manifest error of assessment resulting in the misapplication of the protection of the decision-making process exemption (first subparagraph of Article 4(3) of Regulation 1049/2001) (1) and failure to state reasons, because the disclosure would not seriously undermine the decision-making process.
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2. |
Second plea in law, alleging errors of law and manifest error of assessment resulting in the misapplication of the protection of the decision-making process exemption (first subparagraph of Article 4(3) Regulation 1049/2001) and failure to state reasons, because the contested decision failed to recognise and grant access on the basis of overriding public interests.
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3. |
Third plea in law, alleging, in subsidiary order: errors of law and manifest error of assessment resulting in the misapplication of the obligation to provide partial access to documents (Article 4(6) Regulation 1049/2001) and failure to state reasons.
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(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).