# C_2015049EN.01001601.xml

| 12.2.2015 | EN | Official Journal of the European Union | C 49/16 |
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12.2.2015

EN

Official Journal of the European Union

C 49/16

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ORDER OF THE COURT

of 12 May 2014

in Case E-8/12

Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority

v

(Action for annulment of decisions of the EFTA Surveillance Authority — Access to documents — Admissibility)

(2015/C 49/09)

In Case E-8/12, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority – APPLICATION for annulment of three EFTA Surveillance Authority Decisions, as notified on 18 May 2012, 23 May 2012, and 2 July 2012, denying access to specific documents in ESA Case No 34250 (Norway Post/Privpak – an antitrust infringement case) and in ESA Case No 68736 (DB Schenker – a public access request case concerning the antitrust infringement case above), and also denying access to the procedures for handling public access requests and administering case files, under the Rules on Access to Documents (‘RAD 2008’) established by ESA Decision No 407/08/COL of 27 June 2008 (unpublished), the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Páll Hreinsson, Judges, made an order on 12 May 2014, the operative part of which is as follows:

v

The Court hereby:

| 1. | Finds that there is no need to adjudicate on the action directed towards ESA’s letter of 9 May 2012 as notified on 18 May 2012 (Event No 633455) to the extent that it concerns access to a statement of content in ESA Case No 34250. |
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1.

Finds that there is no need to adjudicate on the action directed towards ESA’s letter of 9 May 2012 as notified on 18 May 2012 (Event No 633455) to the extent that it concerns access to a statement of content in ESA Case No 34250.

| 2. | Dismisses as inadmissible the action directed towards ESA’s letter of 9 May 2012 as notified on 18 May 2012 (Event No 633455) to the extent that it concerns access to ‘a letter dated or received on 13 July 2010 from Norway Post’ and ‘minutes from meetings between ESA, including its president, and Norway Post and/or the Norwegian Government’. |
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2.

Dismisses as inadmissible the action directed towards ESA’s letter of 9 May 2012 as notified on 18 May 2012 (Event No 633455) to the extent that it concerns access to ‘a letter dated or received on 13 July 2010 from Norway Post’ and ‘minutes from meetings between ESA, including its president, and Norway Post and/or the Norwegian Government’.

| 3. | Dismisses as inadmissible the action directed towards ESA’s letter of 22 May 2012 as notified on 23 May 2012. |
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3.

Dismisses as inadmissible the action directed towards ESA’s letter of 22 May 2012 as notified on 23 May 2012.

| 4. | Finds that there is no need to adjudicate on the action directed towards ESA’s letter dated 2 July 2012 as notified on 2 July 2012 (Event No 639495) to the extent that it concerns ESA’s procedures for administering case files or ESA’s procedures for handling public access requests. |
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4.

Finds that there is no need to adjudicate on the action directed towards ESA’s letter dated 2 July 2012 as notified on 2 July 2012 (Event No 639495) to the extent that it concerns ESA’s procedures for administering case files or ESA’s procedures for handling public access requests.

| 5. | Dismisses as inadmissible the action directed towards ESA’s letter dated 2 July 2012 as notified on 2 July 2012 (Event No 639495) to the extent that it concerns access to ESA College decisions containing the current empowerment of its directors. |
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5.

Dismisses as inadmissible the action directed towards ESA’s letter dated 2 July 2012 as notified on 2 July 2012 (Event No 639495) to the extent that it concerns access to ESA College decisions containing the current empowerment of its directors.

| 6. | Orders the applicants to bear the costs of the proceedings. |
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6.

Orders the applicants to bear the costs of the proceedings.

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