Case T-5/05: Action brought on 10 January 2005 by V.I.C. Verband der Internationalen Caterer in Deutschland e.V. against the Commission of the European Communities
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: EC Directive, European Commission, Germany, VAT, access to information, action for annulment (EU), catering, provision of documents

C 82/32

EN

Official Journal of the European Union

2.4.2005

Action brought on 10 January 2005 by V.I.C. Verband der
Internationalen Caterer in Deutschland e.V. against the
Commission of the European Communities

255 EC because essentially no reasons are given for the with-
holding of agreement to disclosure of the requested document.

(Case T-5/05)

(2005/C 82/60)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 January 2005 by V.I.C. Verband
der Internationalen Caterer in Deutschland e.V., represented by
K. Kühne, lawyer.

The applicant claims that the Court should:

1. annul the refusal, notified by letter of 11 November 2004,
of access to the request of the German authorities, sent to
the Commission on 12 May 1978,
for authorisation to
introduce derogating measures;

2. order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

In the contested letter, the Commission rejected, pursuant to
Article 4(5) and (6) of the Regulation on Access to Docu-
ments, (1) a request
the file
from the applicant
concerning the request of the Federal Republic of Germany for
authorisation to introduce
derogating measures
pursuant to Article 27 of the Sixth VAT Directive. (2)

to consult

special

The applicant claims that the refusal of access to the request
constitutes a de facto denial of legal protection vis-à-vis the
applicant, because the dismissal of the applicant's appeal in the
main proceedings is based on the requested document. The
to grant access
applicant
infringes the Regulation on Access to Documents.

further claims

the refusal

that

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001regarding public access to European
Parliament, Council and Commission documents (OJ L 145, p. 43).
(2) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
- Common system of value added tax: uniform basis of assessment
(OJ L 145, p. 1).

Action brought on 12 January 2005 by DEF-TEC Defense
Technology GmbH against the Office for Harmonisation
in the Internal Market (Trade Marks and Designs)

(Case T-6/05)

(2005/C 82/61)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 12
January 2005 by DEF-TEC Defense Technology GmbH estab-
(Germany) represented by H.
lished in Frankfurt am Main,
Daniel, lawyer.

Defense Technology Corporation of America, established in
Jacksonville, Florida (USA) was also a party to the proceedings
before the Board of Appeal.

The applicant claims that the Court should:

— annul the Decision of the Second Board of Appeal of the

OHIM of 8 November 2004 in case R 493/2002-2;

— declare the invalidity of the opposition Decision of OHIM

No. 722/2002;

The applicant argues that the refusal of access and, as the case
may be, Article 4(5) of the Regulation on Access to Documents
infringe Article 1 EU and Articles 21 EC, 207 EC, 253 EC and

— order OHIM to pay the costs.