Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-353/01 P: Olli Mattila (Appeal — Access to documents — Decisions 93/731/EC and 94/90/ECSC, EC, Euratom — Exception relating to the protection of the public interest in the field of international relations — Partial access)
Date: 2004-03-20
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, General Court (EU), access to information, action for annulment (EU), law relating to information

C 71/2

EN

Official Journal of the European Union

20.3.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 22 January 2004

in Case C-353/01 P: Olli Mattila (1)

(Appeal — Access to documents — Decisions 93/731/EC
and 94/90/ECSC, EC, Euratom — Exception relating to the
protection of the public interest in the field of international
relations — Partial access)

(2004/C 71/02)

(Fifth Chamber)

of 15 January 2004

in Case C-433/01 (Reference for a preliminary ruling
from the Bundesgerichtshof ): Freistaat Bayern v Jan
Blijdenstein (1)

(Brussels Convention — Special rules of jurisdiction —
Article 5(2) — Maintenance — Action for recovery brought
by a public body subrogated to the rights of the maintenance
creditor)

(Language of the case: English)

(2004/C 71/03)

In Case C-353/01 P, Olli Mattila (Agent: Z. Sundström), with
an address for service in Luxembourg: Appeal against the
judgment of the Court of First Instance of the European
Communities (Fifth Chamber) of 12 July 2001 in Case T-204/
99 Mattila v Council and Commission [2001] ECR II-2265,
seeking to have that judgment set aside, the other parties to
the proceedings being: Council of the European Union (Agents:
J. Aussant and M. Bauer), with an address for service in
Luxembourg, and Commission of the European Communities
(Agents: C. Docksey and U. Wölker) with an address for service
in Luxembourg, the Court (Sixth Chamber), composed of:
C. Gulmann, acting for the President of the Sixth Chamber,
J.N. Cunha Rodrigues
Puissochet,
R. Schintgen and F. Macken,
Judges; P. Léger, Advocate
General; H. von Holstein, Deputy Registrar, has given a
judgment on 22 January 2004, in which it:

(Rapporteur),

J.-P.

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 12 July 2001 in Case T-204/99
Mattila v Council and Commission in so far as it rejects Mr
Mattila’s form of order seeking annulment of the decisions of
the Commission of the European Communities and the Council
of the European Union of 5 and 12 July 1999 respectively
refusing the appellant access to certain documents;

2. Annuls those decisions;

3. Dismisses the remainder of the appeal;

4. Orders the Council and the Commission to pay the costs

relating to both sets of proceedings.

(1) OJ C 317 of 10.11.2001.

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-433/01: Reference to the Court, pursuant to the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on jurisdic-
tion and the enforcement of judgments in civil and commercial
matters, by the Bundesgerichtshof (Germany) for a preliminary
ruling in the proceedings pending before that court between
Freistaat Bayern and Jan Blijdenstein, on the interpretation of
Article 5(2) of the abovementioned Convention of 27 Septem-
ber 1968 (OJ 1978 L 304, p. 36), as amended by the
Convention of 9 October 1978 on the accession of the
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ 1978 L 304, p. 1, and
— amended text— p. 77), by the Convention of 25 October
1982 on the accession of the Hellenic Republic (OJ 1982
L 388, p. 1), and by the Convention of 26 May 1989 on the
accession of
the Kingdom of Spain and the Portuguese
Republic (OJ 1989 L 285, p. 1), the Court (Fifth Chamber),
composed of: P. Jann (Rapporteur), acting for the President of
the Fifth Chamber, C.W.A. Timmermans and A. Rosas, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 15 January 2004, in which it has ruled:

Article 5(2) of the Convention of 27 September 1968 on jurisdiction
and the enforcement of judgments in civil and commercial matters,
as amended by the Convention of 9 October 1978 on the accession
of the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland, by the Convention of 25 October
1982 on the accession of the Hellenic Republic and by the Convention
of 26 May 1989 on the accession of the Kingdom of Spain and the
Portuguese Republic must be interpreted as meaning that it cannot
be relied on by a public body which seeks, in an action for recovery,