Case T-85/05 R: Order of the President of the Court of First Instance of 23 May 2005: Dimos Ano Liosion and Others v Commission (Interim measures — Cohesion Fund — Co-financing decision — Project for hygienic infill of domestic waste — Admissibility — Prima facie case — Urgency — None)
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: Cohesion Fund, European Commission, Greece, action for annulment (EU), environmental protection, storage of waste, waste management

C 257/12

EN

Official Journal of the European Union

15.10.2005

Application for:

Annulment of the defendants' acts permitting the Kingdom of
Norway to apply more stringent concentration limits for acryla-
mide than those applicable in the European Community and
set out in Decision of the EEA Joint Committee No 59/2004 of
6 April 2004 amending Annex II (Technical regulations, stan-
(OJ
dards,
2004 L 277, p. 30), and annulment of the Community's posi-
tion relating to that decision.

testing and certification)

to the EEA Agreement

Operative part of the order:

1) The application is dismissed.

2) The costs are reserved.

Operative part of the Order:

1. The action is dismissed as inadmissible.

2. The applicant is to bear its own costs and to pay those incurred by

the Commission and the Council.

(1) OJ C 284, 20.11.2004.

Action brought on 25 July 2005 — Friedrich Weber v
Commission

(Case T-290/05)

(2005/C 257/24)

Language of the case: German

Order of the President of the Court of First Instance of 23
May 2005: Dimos Ano Liosion and Others v Commission

Parties:

Applicant: Friedrich Weber (Cologne, Germany) (represented by:
W. Declair, lawyer)

Defendant: Commission of the European Communities

(Case T-85/05 R)

Form of order sought:

(Interim measures — Cohesion Fund — Co-financing deci-
sion — Project for hygienic infill of domestic waste —
Admissibility — Prima facie case — Urgency — None)

(2005/C 257/23)

Language of the case: Greek

Parties:

Applicants: Dimos Ano Liosion and Others (Greece)
sented by: G. Kalavros, lawyer).

(repre-

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and L. Flynn, acting as Agents).

Application for:

Suspension of operation of Commission Decision E(2004)
5522 of 21 December 2004 concerning the grant of assistance
by the Cohesion Fund for the construction of Phase 1 of the
second landfill site for waste (XYTA)
in Western Attica, at
Skalistiri in the Deme of Phylis, Attica (Greece)

The applicant claims that the Court should:

— vary the defendant's decision of 27 May 2005 so that it is
obligated to grant the applicant access, in accordance with
its letters of 23 April 2005 and 27 April 2005, to docu-
ments in connection with the State aid proceedings E
3/2005 concerning the financing of public-law broadcasting
bodies pursuant to Regulation (EC) No 1049/2001.

Pleas in law and main arguments:

In the contested decision, the Commission refused the appli-
cant's request for access to documents in connection with the
State aid proceedings E 3/2005 concerning the financing of
public-law broadcasting bodies with reference to the third
indent of Article 4(2) and the first subparagraph of Article 4(3)
of the openness regulation. (1)

The applicant claims that there is a public interest in disclosure
of the documents at issue.

(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 L 145 of
31.05.2001 p. 43).