# C_2014409EN.01004801.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/48 |
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17.11.2014

EN

Official Journal of the European Union

C 409/48

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Action brought on 10 August 2014 — Pro Asyl v EASO

(Case T-617/14)

2014/C 409/68

Language of the case: German

Parties

Parties

Applicant: Pro Asyl Bundesweite Arbeitsgemeinschaft für Flüchtlinge e.V. (Frankfurt am Main, Germany) (represented by: S. Hilbrans, lawyer)

Applicant:

Defendant: European Asylum Support Office (EASO)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | Annul the defendant’s decision of 10 June 2014 — EASO/ED/2014/134 in so far as access to the operating plan for sending an EU-asylum support team to Bulgaria (‘Operating Plan on Bulgaria’) was refused and the applicant was not guaranteed access to the register of documents under Article 11 of Regulation No 1049/2001. |
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Annul the defendant’s decision of 10 June 2014 — EASO/ED/2014/134 in so far as access to the operating plan for sending an EU-asylum support team to Bulgaria (‘Operating Plan on Bulgaria’) was refused and the applicant was not guaranteed access to the register of documents under Article 11 of Regulation No 1049/2001.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging an infringement of the applicant’s right to access information
  The applicant claims that there is no exception to the applicant’s general right to access information under Article 4 of Regulation (EC) No 1049/2001 (1) with respect to the ‘Operating Plan on Bulgaria’ at issue in the proceedings.
  In that regard, the applicant claims that the refusal to grant access to information is not capable of being justified in particular on the ground of protection of deliberations leading to the creation of a document under Article 4(3) of Regulation No 1049/2001 since the ‘Operating Plan’ was completed.
  In addition, the ‘Operating Plan on Bulgaria’ is not a third-party document within the meaning of Article 4(4) of Regulation No 1049/2001, since the defendant and the Republic of Bulgaria drew up the plan together. Consequently, the ‘Operating Plan’ did not originate from that Member State for the purposes of Article 4(5) of Regulation No 1049/2001. |
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1.

First plea in law, alleging an infringement of the applicant’s right to access information

The applicant claims that there is no exception to the applicant’s general right to access information under Article 4 of Regulation (EC) No 1049/2001 (1) with respect to the ‘Operating Plan on Bulgaria’ at issue in the proceedings.

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In that regard, the applicant claims that the refusal to grant access to information is not capable of being justified in particular on the ground of protection of deliberations leading to the creation of a document under Article 4(3) of Regulation No 1049/2001 since the ‘Operating Plan’ was completed.

In addition, the ‘Operating Plan on Bulgaria’ is not a third-party document within the meaning of Article 4(4) of Regulation No 1049/2001, since the defendant and the Republic of Bulgaria drew up the plan together. Consequently, the ‘Operating Plan’ did not originate from that Member State for the purposes of Article 4(5) of Regulation No 1049/2001.

| 2. | Second plea in law, alleging an infringement of the right of access to the register
  The applicant claims in addition that the contested decision should also be annulled since it refused the applicant access to the electronic register of documents in accordance with Article 11 of Regulation No 1049/2001 or Article 11 of Decision No 6 of the EASO management board. |
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2.

Second plea in law, alleging an infringement of the right of access to the register

The applicant claims in addition that the contested decision should also be annulled since it refused the applicant access to the electronic register of documents in accordance with Article 11 of Regulation No 1049/2001 or Article 11 of Decision No 6 of the EASO management board.

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(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).

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