Joined Cases C-39/05 P and C-52/05 P: Judgment of the Court (Grand Chamber) of 1 July 2008 — Kingdom of Sweden, Maurizio Turco v Council of the European Union, Kingdom of Denmark, Republic of Finland, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities (Appeals — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Legal opinion)
Date: 2008-07-01
Institutions: Court of Justice
Subjects: Council of the European Union, Finland, General Court (EU), Sweden, access to EU information, action for annulment (EU), appeal, confidentiality

C 209/2

EN

Official Journal of the European Union

15.8.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 1 July 2008 —
Kingdom of Sweden, Maurizio Turco v Council of the
European Union, Kingdom of Denmark, Republic of
Finland, United Kingdom of Great Britain and Northern
Ireland, Commission of the European Communities

(Joined Cases C-39/05 P and C-52/05 P) (1)

(Appeals — Access to documents of the institutions — Regu-
lation (EC) No 1049/2001 — Legal opinion)

(2008/C 209/02)

Language of the case: English

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 23 November 2004 in Case T-84/03 Turco
v Council in so far as it relates to the decision of the Council of the
European Union of 19 December 2002 refusing Mr Turco access
to opinion No 9077/02 of the Council's legal service concerning a
proposal for a Council directive laying down minimum standards
for the reception of applicants for asylum in Member States and
orders Mr Turco and the Council each to pay half of the costs;

Parties

2. Annuls the decision of

the Council of

19 December 2002 refusing Mr Turco access
No 9077/02 of the Council's legal service;

the European Union of
to opinion

Appellants: Kingdom of Sweden (represented by: K. Wistrand
and A. Falk, acting as Agents) Maurizio Turco (represented by:
O.Brouwer and C. Schillemans, advocaten)

Intervener in support of the appellant: Kingdom of the Netherlands
(represented by: H.G. Sevenster, C.M. Wissels and M. de Grave,
acting as Agents)

Other parties to the proceedings: Council of the European Union
(represented by: J.-C. Piris, M. Bauer and B. Driessen, acting as
Agents) Kingdom of Denmark (represented by: B. Weis Fogh,
acting as Agent), Republic of Finland (represented by: A.
Guimaraes-Purokoski and J. Heliskoski, acting as Agents), United
Kingdom of Great Britain and Northern Ireland (represented by:
V. Jackson, S. Nwaokolo and T. Harris, acting as Agents, and
J. Stratford, Barrister), Commission of the European Commu-
nities (represented by: M. Petite, C. Docksey and P. Aalto, acting
as Agents)

3. Orders the Council of the European Union to pay the costs incurred
by the Kingdom of Sweden in the appeal proceedings and those
incurred by Mr Turco in the appeal proceedings and the proceedings
at first instance which resulted in that judgment of the Court of
First Instance of the European Communities;

4. Orders the Kingdom of Denmark, the Kingdom of the Netherlands,
the Republic of Finland, the United Kingdom of Great Britain and
Northern Ireland, the Council of
the European Union and the
Commission of the European Communities to bear their own costs
relating to the appeal;

Re:

5. Orders the Council of the European Union to bear its own costs

relating to the proceedings at first instance.

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) in Case T-84/03 Turco v Council, by which the Court
of First Instance dismissed the action brought in that case for
the annulment of the Council's decision refusing, in part, Mr
Turco's application for access to certain documents appearing
on the agenda of the 2455th meeting of the Justice and Home
Affairs Council of 14 and 15 October 2002

(1) OJ C 106, 30.4.2005.