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Document 62008CO0295
Order of the Court (Eighth Chamber) of 29 June 2009.#Cofra 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 to access - New application - Confirmatory measure.#Case C-295/08 P.
Rješenje Suda (osmo vijeće) od 29. lipnja 2009.
Cofra srl protiv Komisije Europskih zajednica.
Žalba - Potvrđujući akt.
Predmet C-295/08 P.
Rješenje Suda (osmo vijeće) od 29. lipnja 2009.
Cofra srl protiv Komisije Europskih zajednica.
Žalba - Potvrđujući akt.
Predmet C-295/08 P.
ECLI identifier: ECLI:EU:C:2009:407
Order of the Court (Eighth Chamber) of 29 June 2009 – Cofra v Commission
(Case C‑295/08 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 to 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 33-34)
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 52-56)
Re:
Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 15 April 2008 in Case T-478/07 | Cofra | 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. |
Cofra Srl is ordered to pay the costs. |