EN Official Journal of the European Union C 317/6

Judgment of the Court (Grand Chamber) of 21 September 2010 — Kingdom of Sweden v Association de la presse internationale ASBL (API) and European Commission (C-514/07), Association de la presse internationale ASBL (API) v European Commission (C-528/07), European Commission v Association de la presse internationale ASBL (API) (C-532/07)

(Joined Cases C-514/07 P, C-528/07 P and C-532/07 P) (1)

(Appeals - Right of access to documents of the institutions - Regulation (EC) No 1049/2001 - Second and third indents of Article 4(2) - Pleadings lodged by the Commission in proceedings before the Court of Justice and the General Court - Decision of the Commission refusing access)

2010/C 317/12

Language of the case: English

Parties

(C-514/07)

Appellant: Kingdom of Sweden (represented by: S. Johannesson, A. Falk, K. Wistrand and K. Petkovska, Agents)

Other parties to the proceedings: Association de la presse internationale ASBL (API), (represented by: S. Völcker and Heithecker, Rechtsanwälte, F. Louis, avocat, C. O’Daly, Solicitor), European Commission (represented by: C. Docksey, V. Kreuschitz and P. Aalto, acting as Agents)

Intervener in support of the applicant: Kingdom of Denmark (represented by: B. Weis Fogh, Agent), Republic of Finland (represented by: J. Heliskoski, Agent)

(C-528/07)

Appellant: Association de la presse internationale ASBL (API) (represented by: S. Völcker, Rechtsanwalt, F. Louis, avocat, C. O’Daly, Solicitor)

Other party to the proceedings: European Commission (represented by: C. Docksey, V. Kreuschitz and P. Aalto, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and S. Behzadi-Spencer, Agents and by J. Coppel, Barrister)

(C-532/07)

Appellant: European Commission (represented by: C. Docksey, V. Kreuschitz and P. Aalto, acting as Agents)

Other party to the proceedings: Association de la presse internationale ASBL (API) (represented by: S. Völcker, Rechtsanwalt, F. Louis, avocat, C. O’Daly, Solicitor)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and S. Behzadi-Spencer, Agents and J. Coppel, Barrister)

Re:

Appeal lodged against the judgment of the Court of First Instance (Grand Chamber) of 12 September 2007 in Case T-36/04 Association de la presse internationale ASBL (API) v Commission of the European Communities by which the Court of First Instance annulled in part the Commission’s decision of 20 November 2003 rejecting an application made by the applicant for access to the pleadings lodged by the Commission in certain cases pending before the Court of Justice and the Court of First Instance

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders the Kingdom of Sweden to bear its own costs and to pay those incurred by the European Commission in connection with the appeal in Case C-514/07 P;

3. Orders the Association de la presse internationale ASBL (API) to bear its own costs and to pay those incurred by the European Commission in connection with the appeal in Case C-528/07 P;

4. Orders the European Commission to bear its own costs and to pay those incurred by the Association de la presse internationale ASBL (API) in connection with the appeal in Case C-532/07 P;

5. Orders the Kingdom of Denmark, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs in connection with the appeals.

(1) OJ C 51, 23.2.2008.

OJ C 22, 26.1.2008.

OJ C 32, 7.2.2009.