This document is an excerpt from the EUR-Lex website
Document 62015TN0344
Case T-344/15: Action brought on 1st July 2015 — French Republic v European Commission
Case T-344/15: Action brought on 1st July 2015 — French Republic v European Commission
Case T-344/15: Action brought on 1st July 2015 — French Republic v European Commission
IO C 270, 17.8.2015, p. 39–40
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case T-344/15: Action brought on 1st July 2015 — French Republic v European Commission
Action brought on 1st July 2015 — French Republic v European Commission
(Case T-344/15)
2015/C 270/49Language of the case: FrenchParties
Applicant: French Republic (represented by: F. Alabrune, G. de Bergues, D. Colas and F. Fize, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant requests the court to:
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annul the decision of the European Commission GESTDEM 2014/6046 of 21 April 2015 concerning the confirmatory application for access 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; |
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order the Commission to pay the costs. |
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 infringement of Article 4(5) of Regulation (EC) No 1049/2001 ( 1 ), which provides that a Member State may request an institution not to disclose a document originating from that Member State without its prior agreement. |
2. |
Second plea in law, in the alternative, alleging infringement of the obligation to give reasons concerning the non-application of the exception provided at the third indent of Article 4(2) of Regulation (EC) No 1049/2001. |
3. |
Third plea in law, in the further alternative, alleging infringement of the second and third indents of Article 4(2) of Regulation (EC) No 1049/2001. The applicant contends that the Commission could have refused access to the documents sent by the French authorities in accordance with the procedure provided in Directive 98/34/EC ( 2 ), in so far as that procedure would constitute an investigation within the meaning of the article cited above. |
( 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).
( 2 ) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37).