Case T-250/08: Action brought on 18 June 2008 — Batchelor v Commission
Date: 2008-06-18
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, European Parliament, access to EU information, action for annulment (EU), provision of documents

C 209/64

EN

Official Journal of the European Union

15.8.2008

Decision of the Opposition Division: Rejection of the opposition in
its entirety

or administrative action in Member States concerning the
pursuit of television broadcasting activities.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8 of Council Regulation
No 40/94 as the trade marks concerned are visually and phone-
tically similar and the goods and services covered by the trade
marks concerned are identical;
infringement of Article 8 of
Council Regulation No 40/94 as the use of the trade mark
applied for is likely to cause confusion.

Action brought on 18 June 2008 — Batchelor v
Commission

(Case T-250/08)

(2008/C 209/113)

Language of the case: English

that

The applicant claims
the contested decision violates
Article 253 EC and Articles 7(1) and 8(1) of the Access Regu-
lation and thus is vitiated by an infringement of an essential
procedural requirement, namely, by failing to give sufficient
reasons for denial of access to the documents requested. The
applicant further submits that, in denying access to the docu-
ments requested, the contested decision violates Article 255 EC
and Articles 1(a), 2(1) and (3), 4(1) to (6) of the Access Regu-
lation. In particular, the applicant contends that the contested
decision infringes the Access Regulation in holding that the
exceptions under the second paragraph of Article 4(3) and of
the first and third indents of Article 4(2) thereof applied and,
finally, that the contested decision infringes Article 4(6) of the
Access Regulation in failing to provide reasons for the refusal of
partial access to the documents requested.

(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).

Parties

Action brought on 26 June 2008 — Tipik v Commission

Applicant: Edward William Batchelor (Brussels, Belgium) (repre-
sented by:
and
D. Reymond, lawyer)

F. Young, Solicitor, A. Barav, Barrister,

Defendant: Commission of the European Communities

Form of order sought

(Case T-252/08)

(2008/C 209/114)

Language of the case: French

— Annul the implied negative decision deemed, pursuant to
Article 8(3) of the Access Regulation, to have been made by
the European Commission on 9 April 2008 and the express
negative decision made by the Commission on 16 May
2008,
to documents
presented pursuant to Regulation (EC) No 1049/2001 of the
European Parliament and the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents (OJ 2001 L 145, p. 43);

relating to a request

for access

Parties

Applicant: Tipik Communication Agency SA (Brussels, Belgium)
(represented by: E. Gillet, L. Levi and C. Dubois, lawyers)

Defendant: Commission of the European Communities

— Order the Commission to pay its own costs and the costs
incurred by the applicant in relation to these proceedings.

Form of order sought

Pleas in law and main arguments

This application for annulment under Article 230 EC is directed
against the Commission's implied decision of 9 April 2008 and
its express decision of 16 May 2008, made pursuant to Regu-
lation (EC) No 1049/2001 (1)
(‘the Access Regulation’), by
which the Commission rejected the applicant's request for access
to documents relating to the notification of measures taken
under Article 3a(1) of Council Directive 89/552/EEC on the
coordination of certain provisions laid down by law, regulation

— Annul the decision of the Commission, the date of which is
the tender
unknown, by which it was decided to reject
submitted by the applicant in the award procedure for the
public service contract concerning, inter alia, the EUROPA
Internet site (PO/2007-31/C2);

— Annul the decision of the Commission, the date of which is
unknown, by which it was decided to award that public
contract to the consortium led by the company European
Service Network;