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Document 62012TO0062
Order of the General Court (Sixth Chamber) of 8 October 2012.#ClientEarth v Council of the European Union.#Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Opinion issued by the legal service of the Council concerning a draft regulation of the Parliament and of the Council related to public access to the documents of the Parliament, of the Council and of the Commission — Confirmation of a refusal to grant full access — Inadmissibility — Period allowed for commencing proceedings — Notion of measure open to challenge for the purposes of Article 263 TFEU — Confirmatory measure.#Case T‑62/12.
Rješenje Općeg suda (šesto vijeće) od 2012. listopad 08.
ClientEarth protiv Vijeće Europske unije.
Predmet T-62/12.
Rješenje Općeg suda (šesto vijeće) od 2012. listopad 08.
ClientEarth protiv Vijeće Europske unije.
Predmet T-62/12.
ECLI identifier: ECLI:EU:T:2012:525
Order of the General Court (Sixth Chamber) of 8 October 2012 — ClientEarth v Council
(Case T-62/12)
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Opinion issued by the legal service of the Council concerning a draft regulation of the Parliament and of the Council related to public access to the documents of the Parliament, of the Council and of the Commission — Confirmation of a refusal to grant full access — Inadmissibility — Period allowed for commencing proceedings — Notion of measure open to challenge for the purposes of Article 263 TFEU — Confirmatory measure
Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Decision refusing access to Council documents after a fresh application — Decision not identifying new factors and referring to the statement of reasons for the first decision — Purely confirmatory measure — Inadmissibility (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001, Arts 4(7), 6(1), 7 and 8(1)) (see paras 19-39)
Re:
APPLICATION for the annulment of the letter of the Council of 1 December 2011 (reference 24/c/01/11) refusing to grant the applicant full access to the opinion issued by the legal service of the Council (document No 6865/09) on the draft amendments of the European Parliament to the European Commission’s draft regulation amending 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). |
Operative part
1. |
The action is dismissed as inadmissible. |
2. |
There is no need to adjudicate on the applications for leave to intervene of the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden. |
3. |
ClientEarth is ordered to pay the costs. |