Case T-159/02: Action brought on 17 May 2002 by Masdar (U.K.) Ltd against the Commission of the European Communities
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), audit, document, provision of documents, report

24.8.2002

EN

Official Journal of the European Communities

C 202/29

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The applicant claims that the Court should:

of 25 June 2002

in Case T-34/02 R: B v Commission of the European
Communities

(Interlocutory proceedings — State aid — Aid for construc-
tion and conversion of vessels granted as development
assistance — Recovery — Legitimate expectations — Prima
facie — Urgency)

— annul the Commission’s Decision contained in its letter
of 7 March 2002 refusing access to the documents
mentioned in the applicant’s confirmatory request dated
3 December 2001;

— order the Commission to pay the costs.

(2002/C 202/47)

Pleas in law and main arguments

(Language of the case: French)

The applicant in the present case is the same as in case T-68/
02, Masdar (U.K.) -v- Commission, and its object
is the
Decision of the Commission expressly rejecting the applicant’s
request for access to the two audit reports mentioned in the
notice to the Official Journal of the European Communities
relating to the above mentioned case (not yet published).

The applicant submits that the Commission has committed an
infringement of Article 253 EC in that the contested Decision
failed to give adequate reasons for relying on the mandatory
exclusion in the first and second indents of Article 4(2) of
Regulation (EC) No. 1049/2001 (1).

The Commission has, in the applicant’s view, made a manifest
error of assessment in the application of Article 4(2) of this
Regulation, in that the contested Decision found that the grant
of the applicant’s request would undermine the protection of
the purpose of inspections, investigations and audits, as well
as the protection of
interest of a third
the commercial
undertaking.

The applicant contends that the Commission has also made a
manifest error of assessment in the application of Article 4(2)
of the above mentioned Regulation, and has infringed the
general principles of law, in so far as the contested Decision
found that there was no overriding public interest in disclosure
of the audit reports to the applicant.

(1) Regulation (EC) No 1049/2001 of the European Parliament and
the Council of 30 May 2001, regarding public access to European
Parliament, Council and Commission documents (OJEC L 145, of
31.5.2001, p. 43).

In Case T-34/02 R: B, residing in Versailles (France), and
255 others, represented by P. Kirch and N. Chahid-Nouraï,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: G. Rozet)
— application for suspension of operation of Commission
Decision 2001/882/EC of 25 July 2001 on the State aid
implemented by France in the form of development assistance
for the cruise vessel ‘Le Levant’, built by Alstom Leroux Naval
for operation in Saint-Pierre-et-Miquelon (OJ 2001 L 327,
p. 37) — the President of the Court of First Instance made an
order on 25 June 2002, the operative part of which is as
follows:

1.

2.

The application for interim relief is dismissed.

Costs are reserved.

Action brought on 17 May 2002 by Masdar (U.K.) Ltd
against the Commission of the European Communities

(Case T-159/02)

(2002/C 202/48)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 May 2002 by Masdar (U.K.)
Ltd, represented by Philip Bentley QC and Patrick Green,
Barrister.