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Document 62009TA0233

    Case T-233/09: Judgment of the General Court of 22 March 2011 — Access Info Europe v Council (Access to documents — Regulation (EC) No 1049/2001 — Document concerning an ongoing legislative procedure — Partial refusal of access — Action for annulment — Period allowed for bringing proceedings — Admissibility — Disclosure by a third party — Interest in bringing proceedings not lost — Identification of the Member State delegations which made proposals — Exception relating to the protection of the decision-making process)

    IO C 139, 7.5.2011, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    7.5.2011   

    EN

    Official Journal of the European Union

    C 139/16


    Judgment of the General Court of 22 March 2011 — Access Info Europe v Council

    (Case T-233/09) (1)

    (Access to documents - Regulation (EC) No 1049/2001 - Document concerning an ongoing legislative procedure - Partial refusal of access - Action for annulment - Period allowed for bringing proceedings - Admissibility - Disclosure by a third party - Interest in bringing proceedings not lost - Identification of the Member State delegations which made proposals - Exception relating to the protection of the decision-making process)

    2011/C 139/31

    Language of the case: English

    Parties

    Applicant: Access Info Europe (Madrid, Spain) (represented by: O.W. Brouwer and J. Blockx, lawyers)

    Defendant: Council of the European Union (represented by: C. Fekete and M. Bauer, Agents)

    Interveners in support of the defendant: Hellenic Republic (represented by E.-M. Mamouna and K. Boskovits, Agents) and by United Kingdom of Great Britain and Northern Ireland (represented by E. Jenkinson and S. Ossowski, Agents, and by L.J. Stratford, Barrister)

    Re:

    Application for annulment of the decision of the Council of 26 February 2009 refusing in part to grant the applicant access to a note from the General Secretariat of the Council to the Working Party on Information (Document No 16338/08) concerning the Proposal for a Regulation of the European Parliament and the Council regarding public access to European Parliament, Council and Commission documents

    Operative part of the judgment

    The Court:

    1.

    Annuls the Council’s decision of 26 February 2009 refusing access to certain information, contained in a note of 26 November 2008, concerning a proposal for a regulation regarding public access to European Parliament, Council and Commission documents;

    2.

    Orders the Council to bear its own costs and to pay those incurred by Access Info Europe;

    3.

    Orders the Hellenic Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.


    (1)  OJ C 205, 29.8.2009


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