Case T-439/08: Action brought on 30 September 2008 — Agapiou Joséphidès v Commission and Education, Audiovisual and Culture Executive Agency
Date: 2008-09-30
Institutions: Court of First Instance
Subjects: Cyprus, European Commission, access to information, action for annulment (EU), financial aid, infringement of EU law, professional qualifications, vocational training

C 327/34

EN

Official Journal of the European Union

20.12.2008

Action brought on 30 September 2008 — Agapiou
Joséphidès v Commission and Education, Audiovisual and
Culture Executive Agency

to the documents and that its decision of 1 August 2008 was
taken in violation of Regulation No 1049/2001 (1) and the
Commission Rules of Procedure.

(Case T-439/08)

(2008/C 327/61)

Language of the case: French

Parties

Applicant: Kalliope Agapiou Joséphidès (Nicosia, Cyprus) (repre-
sented by: C. Joséphidès, lawyer)

Defendants: Commission of
Education, Audiovisual and Culture Executive Agency

the European Communities and

Form of order sought

— annul

the decision of

the Education, Audiovisual and
Culture Executive Agency (‘the Agency’) of 1 August 2008,
by which the Agency, acting under the Commission's super-
vision, denied the applicant access, requested by her letter of
3 March 2008, to certain documents in file No 07/0122
relating to the award of a Jean Monnet Centre of Excellence
to the University of Cyprus;

— annul Commission Decision C(2007) 3749 of 8 August
2008 relating to the individual decision to award subsidies
within the framework of the Lifelong Learning Programme,
Jean Monnet sub-programme;

— order the Agency and the Commission to pay the applicant's

costs in these proceedings.

Pleas in law and main arguments

By this action, the applicant seeks the annulment, first, of the
decision of the Education, Audiovisual and Culture Executive
Agency of 1 August 2008 denying her access to documents
relating to the award of a Jean Monnet Centre of Excellence to
the University of Cyprus and, second, of Commission Decision
C(2007) 3749 of 8 August 2008 relating to an individual deci-
sion to award subsidies within the framework of the Lifelong
Learning Programme,
to the
extent that it recommends the award of a subsidy to the Univer-
sity of Cyprus for the creation of a Jean Monnet Centre of Excel-
lence.

Jean Monnet sub-programme,

In support of her application for annulment of the decision of
the Agency of 1 August 2008, she claims that the Agency
infringed her personal right, as derived, in particular, from the
principle of transparency contained in Article 1, second para-
graph, and Article 6 TEU, Article 255 EC and the EU Charter of
Fundamental Rights, to have access to certain documents in so
far as her name was used by third parties (the University of
Cyprus) in an administrative application file, with the aim of
deriving benefit from it without her consent. She claims that in
those circumstances, she is entitled to verify the precise content
and/or the accuracy of
the personal data and the aim and
context of its use.

In addition, she submits that the Director of the Agency is not
competent to decide on her confirmatory application for access

None the less, if the Court of First Instance were to consider
that the Director of the Agency was competent to adopt the
contested decision, the applicant claims that that decision was
several provisions of Regulation
taken in violation of
in particular Articles 7(1), 8(1) and 15(1).
No 1049/2001,
the Agency also misinterpreted
According to the applicant,
several other provisions of the same regulation,
in particular
Articles 4(4), 4(5), 4(1)(b) and 4(2) and misapplied the principle
of transparency and the concept of overriding public interest.
The applicant also puts forward a plea alleging that
the
contested decision is insufficiently reasoned.

In support of her application for annulment of Commission
Decision C(2007) 3749 of 8 August 2008, the applicant claims
that the Commission erred in failing to verify whether the appli-
cant had consented to her personal data appearing in the appli-
cation form submitted to the Commission by the University of
Cyprus. She takes the view that the Commission ought to have
found a substantial
irregularity in the draft submitted and
revoked its decision or taken other necessary measures.

The applicant also submits that the Commission erred in its
analysis of the eligibility criteria in respect of the application
submitted by the University of Cyprus.

(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).

Action brought on 1 October 2008 — 1-2-3.TV v OHIM —
Zweites Deutsches Fernsehen and Televersal Film- und
Fernseh-Produktion (1-2-3.TV)

(Case T-440/08)

(2008/C 327/62)

Language in which the application was lodged: German

Parties

Applicant: 1-2-3.TV GmbH (Unterföhring, Germany)
(repre-
sented by: V. von Bomhard, A. Renck, T. Dolde und E. Nicolás
Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other parties to the proceedings before the Board of Appeal of OHIM:
Zweites Deutsches Fernsehen (Mainz, Germany) and Televersal
Film- und Fernseh-Produktion GmbH (Hamburg, Germany)