Case T-409/05: Action brought on  8 November 2005  — A.S.TER v Commission
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), document, provision of documents

28.1.2006

EN

Official Journal of the European Union

C 22/19

— order the defendant to pay the applicant default interest at
the rate of 10 % (ten per cent), with annual capitalisation
from 11 October 2004 until actual payment;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in this case objects to the defendant's refusal to
reimburse 100 % of the medical expenses incurred by him.

The pleas and main arguments are those relied on in Case T-
18/04 Marcuccio v Commission (1).

In particular,
the applicant alleges absolute failure to state
reasons, manifest error of assessment and infringement of
Article 72 of the Staff Regulations and of the duty to have
regard to the welfare of officials, the duty of non-discrimination
and the principle of sound administration.

(1) OJ C 71 of 20.3.2004, p. 38.

Action brought on 8 November 2005 — A.S.TER v
Commission

(Case T-409/05)

(2006/C 22/36)

European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents,
(and annexes
to the
thereto) sent to the Commission on 21 February 2005, which
gave rise to an investigation which may lead to initiation of
formal infringement proceedings against the applicant.

complaint

Access was withheld on the basis that disclosure might have
had an adverse impact on the conduct of the investigation by
the Commission.

In support of its claims, the applicant alleges infringement of
Article 4(2) of Regulation No 1049/2001, of the principle audi
alteram partem and of the principles of transparency, coopera-
tion and participation in proceedings, and also lack of an
adequate statement of reasons.

It submits in that regard that there is, despite the defendant's
claim, no need to withhold distribution of documents relating
to the infringement proceedings in order to avoid undermining
the inquiries, but that, on the contrary, it is necessary for the
purpose of such inquiries for the procedure to be conducted
with the greatest transparency and cooperation, so that the
Municipality of Genoa and the applicant can produce the docu-
mentation required for conduct of the investigations.

Furthermore, since the applicant is a party to administrative
proceedings before the defendant,
the contested decision
infringes the principle audi alteram partem.

The applicant adds that objections to rights of access must be
interpreted restrictively and in the light of the principle entitle-
ment to information and the principle of proportionality.

Language of the case: Italian

(1) OJ L 145 of 31.5.2001, p. 43.

Parties

Applicant(s): Società A.S.TER S.p.A. (Genova, Italy) (represented
by: Lorenzo Acquarone and Daniela Anselmi)

Defendant(s): Commission of the European Communities

Action brought on 25 November 2005 — Hellenic
Republic v Commission of the European Communities

Form of order sought

The applicant(s) claim(s) that the Court should:

— annul the contested measures and, as a result, grant rights
of access and therefore release a full copy of the complaint
and the annexes thereto;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present action, a limited liability company
most of whose capital is held by the Municipality of Genoa,
seeks annulment of the defendant's decision rejecting access,
under Article 7(e) of Regulation (EC) No 1049/2001 (1) of the

(Case T-415/05)

(2006/C 22/37)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: A. Samoni and P.
Milonopoulos)

Defendant: Commission of the European Communities