Action brought on 8 January 2022 — Tóth v Commission

(Case T-17/22)

(2022/C 84/74)

Language of the case: Hungarian

Parties

Applicant: Bertalan Tóth (Pécs, Hungary) (represented by: Á. Baratta and B. Czudar, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

annul the decision of the European Anti-Fraud Office (OLAF) to refuse access to the document entitled ‘Final Report of the European Anti-Fraud Office (OLAF) OF/2015/0034/B4 relating to public lighting activities by Élios Innovatív Zrt.’ by not giving a decision, within the time limit laid down in Article 8(1) of Regulation No 1049/2001, (1) on the confirmatory application for access submitted by the applicant.

—	order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

In support of his action, the applicant relies on two pleas in law.

1.

First plea in law, alleging an infringement of the obligation to state reasons. — OLAF failed to fulfil its obligation to state reasons by refusing, without providing justification in accordance with the law, access to the document entitled ‘Final Report of the European Anti-Fraud Office (OLAF) OF/2015/0034/B4 relating to public lighting activities by Élios Innovatív Zrt.’.

2.	Second plea in law, alleging that the refusal to grant the request for access is unlawful. — OLAF refused to grant the request for access without satisfying any of the exceptions provided for in Article 4 of Regulation No 1049/2001 that would justify the refusal of the requests for access.

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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).