# C_2018032EN.01003601.xml

| 29.1.2018 | EN | Official Journal of the European Union | C 32/36 |
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29.1.2018

EN

Official Journal of the European Union

C 32/36

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Action brought on 17 November 2017 — Commune de Fessenheim and Others v Commission

(Case T-751/17)

(2018/C 032/50)

Language of the case: French

Parties

Parties

Applicants: Commune de Fessenheim (Fessenheim, France), Communauté de communes Pays Rhin-Brisach (Volgelsheim, France), Conseil départemental du Haut-Rhin (Colmar, France) et Conseil régional Grand Est Alsace Champagne-Ardenne Lorraine (Strasbourg, France) (represented by: G. de Rubercy, lawyer)

Applicants:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul Decision (C(2017 7119 FINAL) of the Secretarial-General of the European Commission dated 18 October 2017 by which communication of the decision of the European Commission Directorate-General for Competition notified to the French authorities on 22 March 2017, concerning the protocol for indemnifying EDF in respect of the closure of the nuclear power plant of Fessenheim was refused; |
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Annul Decision (C(2017 7119 FINAL) of the Secretarial-General of the European Commission dated 18 October 2017 by which communication of the decision of the European Commission Directorate-General for Competition notified to the French authorities on 22 March 2017, concerning the protocol for indemnifying EDF in respect of the closure of the nuclear power plant of Fessenheim was refused;

| — | Order the European Commission to communicate that letter of 22 March 2017 to the applicants within one week from the judgment to be delivered by the General Court; |
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Order the European Commission to communicate that letter of 22 March 2017 to the applicants within one week from the judgment to be delivered by the General Court;

| — | Order the European Commission to pay all the costs. |
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Order the European Commission to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

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

| 1. | First plea in law, alleging infringement of the final subparagraph of Article 4(2) 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), since there is an overriding public interest justifying disclosure of the information at issue. |
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1.

First plea in law, alleging infringement of the final subparagraph of Article 4(2) 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), since there is an overriding public interest justifying disclosure of the information at issue.

| 2. | Second plea in law, alleging infringement of Article 42 of the Charter of Fundamental Rights of the European Union concerning the right of access to documents. |
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2.

Second plea in law, alleging infringement of Article 42 of the Charter of Fundamental Rights of the European Union concerning the right of access to documents.

| 3. | Third plea in law, alleging infringement of Article 47 of the Charter of Fundamental Rights of the European Union concerning the right to an effective remedy. |
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3.

Third plea in law, alleging infringement of Article 47 of the Charter of Fundamental Rights of the European Union concerning the right to an effective remedy.

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