# C_2022138EN.01003101.xml

| 28.3.2022 | EN | Official Journal of the European Union | C 138/31 |
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28.3.2022

EN

Official Journal of the European Union

C 138/31

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Action brought on 9 February 2022 — Asesores Comunitarios v Commission

(Case T-77/22)

(2022/C 138/36)

Language of the case: English

Parties

Applicant: Asesores Comunitarios SL (Madrid, Spain) (represented by: J. Monrabà Bagan, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the Decision No C(2021) 8946 final of 3 December 2021 refusing the disclosure of the recovery and resilience plan of Spain; and |
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annul the Decision No C(2021) 8946 final of 3 December 2021 refusing the disclosure of the recovery and resilience plan of Spain; and

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging that the defendant misapplied Article 4(1)(a), forth indent, of Regulation (EC) No 1049/2001 (1) by undermining the public interest as regard the financial and economic policy. It is furthermore alleged that the contested decision has not accurately stated the facts related to a hypothetical threat to the economic stability of the Kingdom of Spain because of the disclosure of its Recovery and Resilience Plan to the applicant. |
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1.

First plea in law, alleging that the defendant misapplied Article 4(1)(a), forth indent, of Regulation (EC) No 1049/2001 (1) by undermining the public interest as regard the financial and economic policy. It is furthermore alleged that the contested decision has not accurately stated the facts related to a hypothetical threat to the economic stability of the Kingdom of Spain because of the disclosure of its Recovery and Resilience Plan to the applicant.

| 2. | Second plea in law, alleging that the defendant misapplied Article 4(1)(b) of Regulation (EC) No 1049/2001 by considering that public disclosure of the requested documents would infringe the privacy and the integrity of individuals mentioned in these documents. |
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2.

Second plea in law, alleging that the defendant misapplied Article 4(1)(b) of Regulation (EC) No 1049/2001 by considering that public disclosure of the requested documents would infringe the privacy and the integrity of individuals mentioned in these documents.

| 3. | Third plea in law, alleging that the defendant misapplied Article 4(3) of Regulation (EC) No 1049/2001 by considering that public disclosure of the requested documents would seriously undermine the ongoing decision-making process. |
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3.

Third plea in law, alleging that the defendant misapplied Article 4(3) of Regulation (EC) No 1049/2001 by considering that public disclosure of the requested documents would seriously undermine the ongoing decision-making process.

| 4. | Fourth plea in law, alleging that the defendant misapplied Article 4(3) of Regulation (EC) No 1049/2001 by considering that no overriding public interest in disclosing the requested documents has been established prevailing over the need to protect the ongoing decision-making process. |
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4.

Fourth plea in law, alleging that the defendant misapplied Article 4(3) of Regulation (EC) No 1049/2001 by considering that no overriding public interest in disclosing the requested documents has been established prevailing over the need to protect the ongoing decision-making process.

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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. 43-48).

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