Order of the Court (Fifth Chamber) of 15 February 2012 — Internationaler Hilfsfond v Commission

(Case C-208/11 P)

‛Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run’

1. Actions for annulment — Actionable measures — Definition — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 29-30)

2. Appeals — Grounds — Inadmissibility of the action before the General Court — Ground involving a question of public policy — Considered of the Court’s own motion (see para. 34)

3. Appeals — Pleas in law — Grounds of a judgment vitiated by an infringement of Union law — Operative part sound on other legal grounds — Rejection (see para. 35)

Re:

Appeal against the order of the General Court (Fourth Chamber) of 24 March 2011 in Case T-36/10 Internationaler Hilfsfonds v Commission, by which that court dismissed as inadmissible in part the application for annulment of the Commission’s decisions of 9 October 2009 and 1 December 2009 refusing Internationaler Hilfsfonds full access to the file concerning contract LIEN 97-2011 for the co-financing of a medical aid programme in Kazakhstan — Application inadmissible as being out of time — Incorrect determination of the starting-point of the period allowed for bringing proceedings.

Operative part

1. The appeal is dismissed.

2. Internationaler Hilfsfonds eV is ordered to pay the costs.

Order of the Court (Fifth Chamber) of 15 February 2012 — Internationaler Hilfsfond v Commission

(Case C-208/11 P)

‛Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run’

1. Actions for annulment — Actionable measures — Definition — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 29-30)

2. Appeals — Grounds — Inadmissibility of the action before the General Court — Ground involving a question of public policy — Considered of the Court’s own motion (see para. 34)

3. Appeals — Pleas in law — Grounds of a judgment vitiated by an infringement of Union law — Operative part sound on other legal grounds — Rejection (see para. 35)

Re:

Appeal against the order of the General Court (Fourth Chamber) of 24 March 2011 in Case T-36/10 Internationaler Hilfsfonds v Commission, by which that court dismissed as inadmissible in part the application for annulment of the Commission’s decisions of 9 October 2009 and 1 December 2009 refusing Internationaler Hilfsfonds full access to the file concerning contract LIEN 97-2011 for the co-financing of a medical aid programme in Kazakhstan — Application inadmissible as being out of time — Incorrect determination of the starting-point of the period allowed for bringing proceedings.

Operative part

1. The appeal is dismissed.