Action brought on 16 November 2007 — Lodato Gennaro & C. v Commission

(Case T-417/07)

(2008/C 8/47)

Language of the case: Italian

Parties

Applicant: Lodato Gennaro & C. Spa (Castel San Giorgio, Italy) (represented by: M.A. Calabrese, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The action is brought against the Commission decision of 8 October 2007, which refused access to certain documents sent to the Commission by the Italian Government in the context of a preliminary examination of State aid, Cases No 701/98 and 824/01, with reference to the opposition to disclosure expressed by the Italian Government following its consultation by Commission staff.

In support of its claims, the applicant alleges infringement and misapplication of Article 4(5) of 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 (1). It claims in this regard that the Commission erred in its interpretation of that provision, by granting Member States the power to prohibit the disclosure of documents originating from the Member State and held by Community institutions.

(1)  OJ L 145, 31.5.2001, p. 43.