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Document 62008CO0225
Order of the Court (Eighth Chamber) of 29 June 2009.#Nuova Agricast Srl v Commission of the European Communities.#Appeal - Public access to documents of the institutions - Documents originating from a Member State - Objection of the Member State to disclosure of the documents - Refusal of access - New application - Confirmatory measure.#Case C-225/08 P.
Order of the Court (Eighth Chamber) of 29 June 2009.
Nuova Agricast Srl v Commission of the European Communities.
Appeal - Public access to documents of the institutions - Documents originating from a Member State - Objection of the Member State to disclosure of the documents - Refusal of access - New application - Confirmatory measure.
Case C-225/08 P.
Order of the Court (Eighth Chamber) of 29 June 2009.
Nuova Agricast Srl v Commission of the European Communities.
Appeal - Public access to documents of the institutions - Documents originating from a Member State - Objection of the Member State to disclosure of the documents - Refusal of access - New application - Confirmatory measure.
Case C-225/08 P.
Thuarascálacha na Cúirte Eorpaí 2009 I-00111*
ECLI identifier: ECLI:EU:C:2009:406
Order of the Court (Eighth Chamber) of 29 June 2009 – Nuova Agricast v Commission
(Case C‑225/08 P)
Appeal – Public access to documents of the institutions – Documents originating from a Member State – Objection of the Member State to disclosure of the documents – Refusal of access – New application – Confirmatory measure
1. Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Legal classification of the facts – Admissibility (Art. 225 EC) (see paras 36-37)
2. European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Conditions – Requirement that the institution should examine the documents specifically and individually (European Parliament and Council Regulation No 1049/2001, Art. 4(7)) (see paras 56-60)
Re:
Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 12 March 2008 in Case T-443/07 | Nuova Agricast | v | Commission | by which that Court dismissed as inadmissible an action for annulment of the Commission’s decision of 5 October 2007 rejecting a request made by the appellant for review of that institution’s earlier refusal to allow it access to certain documents. |
Operative part:
1. |
The appeal is dismissed. |
2. |
Nuova Agricast Srl is ordered to pay the costs. |