Case T-121/05: Action brought on 15 March 2005 by Borax Europe Ltd against the Commission of the European Communities
Date: 2005-06-11
Institutions: Court of First Instance
Subjects: European Commission, access to EU information, action for annulment (EU), dangerous substance, disclosure of information, labelling

C 143/38

EN

Official Journal of the European Union

11.6.2005

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

Pleas in law and main arguments

The applicants are proprietors of sites which, under
the
contested decision, have been included on the Community list
of sites of Community importance on the basis of the presence
of the habitat types and species deemed worthy of protection
under the Flora-Fauna-Habitat Directive.

The applicants submit:

— that their property rights freely to exploit their land as they
wish have been significantly restricted by the contested
decision, and

— that this intervention is unlawful as it infringes procedural
requirements and involves misuse of power since the
purported habitat types and animal species deemed worthy
of protection are not to be found at all or, in any case, not
to the required degree of representativity or population size
as required under the criteria in Annex III to the Flora-
Fauna-Habitat Directive.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (OJ 1992 L 206, p.
7).

Action brought on 15 March 2005 by Borax Europe Ltd
against the Commission of the European Communities

(Case T-121/05)

(2005/C 143/72)

(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 15 March 2005 by Borax Europe
Ltd., established in Guildford (United Kingdom), represented by
D. Vandermeersch and K. Nordlander, lawyers.

The applicant claims that the Court should:

— annul the decision;

— order the Commission to bear the costs of the procedure.

recordings related to the preparation of the 30th adaptation to
technical progress of Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and adminis-
trative provisions relating to the classification, packaging and
labelling of dangerous substances (1). More in particular, the
applicant's requested access to the audio recordings or tran-
scripts of the meeting of the specialised experts in the field of
reproductive toxicity on the classification of boric acid and
borates.

In support of its application, the applicant submits that the
defendant made a manifest error of assessment and infringed
and 4(3) of Regulation 1049/2001 (2).
Articles 4(1)(b)
According to the applicant, the defendant erred in stating that
access to the documents would undermine the integrity of the
specialised experts consulted and would expose them to
external pressure. The applicant claims furthermore that the
defendant erred in applying the exception relating to the
protection of the Commission's decision making process and in
deciding that there was no overriding public interest in disclo-
sure.

The applicant finally invokes a violation of the principle of
proportionality in failing to grant partial access to the audio
recordings.

(1) OJ English special edition: Series I Chapter 1967 p. 234
(2) 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 L 145, p. 43)

Action brought on 16 March 2005 by Nicola Falcione
against the Commission of the European Communities

(Case T-132/05)

(2005/C 143/73)

(Language of the case: French)

Pleas in law and main arguments

The applicant contests the decision of
the Commission to
refuse the applicant access to certain documents and tape

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 16 March 2005 by Nicola Falcione,
residing in Brussels, represented by Sébastien Orlandi, Xavier
Martin, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers, with an address for service in Luxembourg.