Case T-141/05: Action brought on 11 April 2005 by the Internationaler Hilfsfonds e.V. against the Commission of the European Communities
Date: 2005-04-11
Institutions: Court of First Instance
Subjects: European Commission, access to EU information, action for annulment (EU), disclosure of information

C 143/40

EN

Official Journal of the European Union

11.6.2005

Action brought on 11 April 2005 by the Internationaler
Hilfsfonds e.V. against the Commission of the European
Communities

In addition, the applicant submits that the European Commis-
sion's action is arbitrary.

(Case T-141/05)

(2005/C 143/75)

(Language of the case: German)

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

(2) Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institu-
tions and on the free movement of such data (OJ 2001 L 8, p. 1).

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 April 2005 by Internationaler
Hilfsfonds e.V., Rosbach v.d.H. (Germany), represented by H.
Kaltenecker, lawyer.

The applicant claims that the Court of First Instance should:

— annul the decision of the Commission of 14 February 2005
by which it denied the applicant unrestricted access to the
Commission's file in relation to Contract LIEN 97-2011;

— order the defendant to pay the costs of the proceedings and

those of the applicant.

Pleas in law and main arguments

In the contested document the Commission denied the appli-
cant unrestricted access to the European Commission's file
relating to Contract LIEN 97-2011 by reference to Article
4(1)(b) and the second subparagraph of Article 4(3) of the
Transparency Regulation (1) and to the Data Protection Regu-
lation (2).

The applicant claims that
the contested decision infringes
Article 4(3) of the Transparency Regulation. The applicant is of
the opinion that the reasons given by the European Commis-
sion for its refusal
to grant unrestricted access to the file
concerning Contract LIEN 97-2011, namely that unrestricted
access to the file would impair the decision-making process,
are invalid. The applicant further contends that there is public
interest in the disclosure of the documents in question. The
applicant also questions the applicability of Article 4(1)(b) of
the Transparency Regulation.

The applicant complains furthermore of the refusal to grant
unrestricted access to the file by reference to the Data Protec-
tion Regulation.

Action brought on 14 April 2005 by Flex Equipos de
Descanso, S.A. against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-146/05)

(2005/C 143/76)

(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 by
Flex Equipos de Descanso, established in Alcobendas, Madrid
(Spain), represented by I. Valdelomar Serrano, lawyer.

Recticel N.V. established in Sint-Lambrechts-Woluwe (Belguim)
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market of 8
February 2005 in case R 469/2004-2;

— remit

the case to the Office for Harmonisation in the
Internal Market and order it to deny from registration the
Community Trade Mark Application No. 1.278.175 RENO-
FLEX for all the goods in classes 17 and 20;

— declare that the Office for Harmonisation in the Internal

Market is infringing the principle of legal certainty;

— order the defendant to bear the costs.