Case T-370/05: Judgment of the Court of First Instance of 10 September 2008 — France v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Wine sector — Restructuring aid and conversion aid — Definition of eligible area)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EU financing, European Commission, France, action for annulment (EU), aid for restructuring, redevelopment aid, vineyard

C 272/18

EN

Official Journal of the European Union

25.10.2008

Judgment of the Court of First Instance of 10 September
2008 — France v Commission

Judgment of the Court of First Instance of 9 September
2008 — MyTravel v Commission

(Case T-370/05) (1)

(Case T-403/05) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Wine sector — Restructuring aid
and conversion aid — Definition of eligible area)

(2008/C 272/32)

Language of the case: French

(Access to documents — Regulation (EC) No 1049/2001 —
Refusal to grant access — Exception relating to the protection
of the decision-making process — Exception relating to the
protection of investigations and audits — Exception relating
to the protection of legal advice — Documents relating to
decisions of the Commission in the area of concentrations)

(2008/C 272/33)

Language of the case: English

Parties

Applicant: French Republic (represented:
initially by G. de
Bergues and A. Colomb, and subsequently by G. de Bergues and
A.-L. During, acting as Agents)

Parties

Defendant: Commission of the European Communities (repre-
sented by: M. Nolin, acting as Agent)

Applicant: MyTravel Group plc (Rochdale, Lancashire, United
Kingdom) (represented by: D. Pannick, QC, A. Lewis, Barrister,
M. Nicholson, S. Cardell and B. McKenna, Solicitors)

Re:

Defendant: Commission of the European Communities (repre-
sented by: P. Hellström and P. Costa de Oliveira, and subse-
quently by X. Lewis and P. Costa de Oliveira, Agents)

Action for annulment of Commission Decision 2005/579/EC of
20 July 2005 excluding from Community financing certain
expenditure incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2005 L 199, p. 84), inasmuch as it excludes
from Community financing certain expenditure in respect of a
correction relating to determination of the areas eligible for aid
for
the
and conversion of
2001-2003 accounting period.

restructuring

vineyards

for

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2005/579/EC of 20 July 2005,
Commission Decision of 20 July 2005 excluding from Community
financing certain expenditure incurred by the Member States under
the Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (EAGGF) inasmuch as it excludes from Com-
munity financing the sum of EUR 13 519 122,05 in respect of a
correction relating to determination of the areas eligible for aid for
restructuring and conversion of vineyards for
the 2001-2003
accounting period.

2. Orders the Commission to pay the costs.

Re:

for

documents

ACTION for the annulment of the Commission's decisions of
5 September 2005 (D(2005) 8461) and 12 October 2005
(D(2005) 9763), refusing to grant the applicant access to certain
Commission Decision
preparatory
2000/276/EC of 22 September 1999 declaring a concentration
to be incompatible with the common market and the EEA
Agreement (Case No IV/M. 1524 Airtours/First Choice), and to
documents drafted by the Commission services in consequence
of the annulment of that decision by judgment of the Court of
First
Instance of 6 June 2002 in Case T-342/99 [2002]
ECR II-2585.

the

Operative part of the judgment

The Court:

1. Annuls the decision of

the Commission of 5 September 2005
(D(2005) 8461) in so far as it refuses access to a working docu-
ment entitled ‘Minutes from the conversation of a member of the
case team in Case M.1524 Airtours/First Choice on the Airtours
case conducted on 24 June 2002’;

(1) OJ C 315, 10.12.2005.

2. Dismisses the action as to the remainder;

3. Orders MyTravel Group plc to bear nine-tenths of its own costs

and nine-tenths of the costs incurred by the Commission;