Case T-144/05: Action brought on 12 April 2005 by Pablo Muñiz against the Commission of the European Communities
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Commission, access to EU information, action for annulment (EU), disclosure of information

C 132/36

EN

Official Journal of the European Union

28.5.2005

Action brought on 29 March 2005 by the Italian Republic
against the Commission of the European Communities

8. annul Decision No 02855 of 22 March 2005 concerning
the Commission's payment of an amount different from
that
requested. Programme: PEP Campania (No CCI
1999IT161PO007);

(Case T-140/05)

(2005/C 132/64)

9. annul all related and consequential measures;

10. order the Commission to pay the costs.

(Language of the case: Italian)

Pleas in law and main arguments

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 29 March 2005 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

The applicant claims that the Court should:

The pleas in law and main arguments are those advanced in
Case T-345/04 Italian Republic v Commission (1).

(1) OJ 2004 C 262 of 23.10.2004, p. 55.

1. annul Decision No 00556 of 21 January 2005 concerning
SPD Objective
(No CCI
Tuscany
2000.IT.16.2.DO.001) — Suspension of the request for
payment;

2000-2006

2

2. annul Decision No 00582 of 24 January 2005 concerning
SPD Lazio Ob. 2 CCI No 2000IT162DO009 (2000-2006)
— Certification and declaration of
interim costs and
request for payment (December 2004);

3. annul Decision No 00728 of 26 January 2005 concerning
PEP Campania Ob. 1 — 2000-2006 (No CCI 1999 IT 16
1 PO 007) — Declaration of interim costs and request for
payment;

4. annul Decision No 00860 of 31 January 2005 concerning
PEP Campania Ob. 1 — 2000-2006 (No CCI 1999 IT 16
1 PO 007) — Declaration of interim costs and request for
payment;

5. annul Decision No 02787 of 21 March 2005 concerning
SPD Liguria No CCI 2000 IT 162 DO 006 — Certification
for
the declarations of
of
payment (December 2004);

interim costs and request

Action brought on 12 April 2005 by Pablo Muñiz against
the Commission of the European Communities

(Case T-144/05)

(2005/C 132/65)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 12 April 2005 by Pablo Muñiz,
residing
B.
(Belguim),
Brussels
in
Dehandschutter, lawyer.

represented

by

The applicant claims that the Court should:

6. annul Decision No 02590 of 16 March 2005 concerning
the Commission's payment of an amount different from
that requested. Ref. SPD Ob. 2 Lazio 2000-2006;

1. annul the Commission decision of 3 February 2005 in so
far as it refuses full access to the documents requested by
the applicant;

7. annul Decision No 02594 of 16 March 2005 concerning
the Commission's payment of an amount different from
that
requested. Ref. SPD Tuscany Ob. 2 (No CCI
2000.IT.16.2.DO.001);

2. annul the Commission decision of 3 February 2005 in so
far as it refuses partial access to the requested documents;

3. order the defendant to bear the costs.

28.5.2005

EN

Official Journal of the European Union

C 132/37

Pleas in law and main arguments

The applicant is a lawyer specialising in advising clients on
customs related issues. In order to best advise his clients the
applicant addressed, on 13 October 2004, a request to the
Commission for access to the minutes of
the September
meeting of the Customs Code Committee — Tariff and Statis-
tical Nomenclature Section as well as for access to certain
TAXUD documents. This request was refused on 1 December
2004, on the basis of Article 4.3 of Regulation 1049/2001.
The applicant requested a review of the initial decision on 15
December 2004. The contested decision was issued as a result
of that request, and confirmed the previous decision to refuse
access.

mine the Commission's decision making process, are not valid
grounds under this provision. The applicant also contends, in
the same context,
the contested decision erroneously
reasoned by reference to a category of documents rather than
evaluate the content of each one of the requested documents.

that

The applicant further considers that Article 4.6 of the same
regulation was violated, in that the Commission refused even
partial access to the requested documents. He also argues that
the contested decision circumvents Article 2.1 of that regu-
lation by leading to a systematic refusal to disclose internal
documents, on the sole ground that the relevant file is not
closed.

The applicant contends that the contested decision infringes
Article 4.3 of Regulation 1049/2001. According to the appli-
cant, the reasons provided for refusing access, namely that
disclosure of the requested documents would seriously under-

Finally,
the applicant considers that an overriding public
interest, consisting in the need for interested parties to have a
better understanding of the decisions adopted on tariff classifi-
cations matters, justified disclosure of the requested documents.