Order — ECLI:EU:C:2009:407
Date: 2009-06-29
Language of the case: Italian
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Access to documents
Concepts: Appeals;Concrete, individual examination of the documents
Procedure: Action for annulment;Appeal - unfounded
Origin: Italy

Order of the Court (Eighth Chamber) of 29 June 2009 – Cofra v Commission (Case C‑295/08 P) Appeal – Public access to documents of the institutions – Documents originating from a Member State – Objection of the Member State to disclosure of the documents – Refusal to access – New application – Confirmatory measure 1. Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Legal classification of the facts – Admissibility (Art. 225 EC) (see paras 33-34) 2. European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Conditions – Requirement that the institution should examine the documents specifically and individually (European Parliament and Council Regulation No 1049/2001, Art. 4(7)) (see paras 52-56) Re: Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 15 April 2008 in Case T-478/07 Cofra v Commission by which that Court dismissed as inadmissible an action for annulment of the Commission’s decision of 5 October 2007 rejecting a request made by the appellant for review of that institution’s earlier refusal to allow it access to certain documents. Operative part 1. The appeal is dismissed. 2. Cofra Srl is ordered to pay the costs.