# C_2018166EN.01004501.xml

| 14.5.2018 | EN | Official Journal of the European Union | C 166/45 |
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14.5.2018

EN

Official Journal of the European Union

C 166/45

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Action brought on 23 March 2018 — Bruel v Commission

(Case T-202/18)

(2018/C 166/57)

Language of the case: French

Parties

Parties

Applicant: Damien Bruel (Paris, France) (represented by: H. Hansen, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare the present application admissible and well founded; |
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declare the present application admissible and well founded;

and consequently:

| — | annul the decision of 18 January 2018 entitled ‘Decision of the Secretary General pursuant to Article 4 of the rules implementing Regulation (EC) No 1049/2001’ on the ground of infringement of Articles 4, 6 and 9 of that regulation, and infringement of Article 47 of the Charter, of Article 6 the European Convention on Human Rights, of the general principle of equality of arms, and of the duty to state reasons; |
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annul the decision of 18 January 2018 entitled ‘Decision of the Secretary General pursuant to Article 4 of the rules implementing Regulation (EC) No 1049/2001’ on the ground of infringement of Articles 4, 6 and 9 of that regulation, and infringement of Article 47 of the Charter, of Article 6 the European Convention on Human Rights, of the general principle of equality of arms, and of the duty to state reasons;

in any event:

| — | order the defendant to pay all the costs; |
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order the defendant to pay all the costs;

| — | reserve to the applicant all other rights, entitlements, pleas and actions. |
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reserve to the applicant all other rights, entitlements, pleas and actions.

Pleas in law and main arguments

Pleas in law and main arguments

In support of his application, the applicant puts forward four pleas in law:

| 1. | A first plea, alleging that Articles 4 and 9 of 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) have been infringed. |
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1.

A first plea, alleging that Articles 4 and 9 of 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) have been infringed.

| 2. | A second plea, alleging that Article 6 of Regulation No 1049/2001 has been infringed. |
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2.

A second plea, alleging that Article 6 of Regulation No 1049/2001 has been infringed.

| 3. | A third plea, alleging that the general principle of equality of arms, Article 47 of the Charter of Fundamental Rights of the European Union and Article 6 of the European Convention on Human Rights have been infringed. |
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3.

A third plea, alleging that the general principle of equality of arms, Article 47 of the Charter of Fundamental Rights of the European Union and Article 6 of the European Convention on Human Rights have been infringed.

| 4. | A fourth plea, alleging that Article 4(6) of Regulation No 1049/2001, the principle of proportionality and the duty to state reasons have been infringed. |
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4.

A fourth plea, alleging that Article 4(6) of Regulation No 1049/2001, the principle of proportionality and the duty to state reasons have been infringed.

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