Case T-509/08: Action brought on 7 November 2008 — Ryanair/Commission
Date: 2008-11-14
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to EU information, action for annulment (EU), air transport, provision of documents

C 32/44

EN

Official Journal of the European Union

7.2.2009

Pleas in law and main arguments

— take such further action as the Court may deem appropriate.

By means of this application the applicant seeks annulment of
the Commission implied decision rejecting the applicant's
request, pursuant to Regulation No 1049/2001 (1), of the access
to documents relating to State aid procedures concerning the
presumed State aid granted through an agreement with the
operator of Tampere-Pirkkala airport. The said decision was
followed by the express decision of 31 October 2008. The
annulment of the express decision is alternatively sought by the
applicant in the present case.

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-494/08 Ryanair v
Commission.

(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.

Pleas in law and main arguments

By means of this application the applicant seeks annulment of
the Commission implied decision rejecting the applicant's
request, pursuant to Regulation No 1049/2001 (1), of the access
to documents relating to State aid procedures concerning the
presumed State aid granted through an agreement with the
operator of Bratislava airport. The said decision was followed by
the express decision of 26 September 2008. The annulment of
the express decision is alternatively sought by the applicant in
the present case.

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-494/08 Ryanair v
Commission.

(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 7 November 2008 — Ryanair/
Commission

(Case T-509/08)

(2009/C 32/85)

Language of the case: English

Action brought on 27 November 2008 — Unity OSG
FZE/Conseil et EUPOL Afghanistan

(Case T-511/08)

(2009/C 32/86)

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin,
Vahida, I. Metaxas-Maragkidis, lawyers)

Ireland)

(represented by: E.

Parties

Defendant: Commission of the European Communities

Form of order sought

— declare in accordance with Articles 230 and 231 EC that the
Commission's implied decision refusing access to the docu-
ments for which access was requested by the applicant in an
application dated 20 June 2008 is void and that
the
Commission's decision of 26 September 2008 refusing
access to the same documents is non-existent;

— alternatively, declare

in accordance with Articles 230
and 231 EC that the Commission's decision of 26 September
2008 refusing access to the documents for which access was
requested by the applicant in an application dated 20 June
2008 is void;

— order the Commission to pay the costs incurred by the

applicant in the proceedings; and

Applicant: Unity OSG FZE (Dubai, United Arab Emirates) (repre-
sented by: C. Bryant and J. McEwen, lawyers)

Defendants: Council of the European Union and European Union
Police Mission in Afghanistan (‘EUPOL Afghanistan’)

Form of order sought

— Annul the decision of the European Union Police Mission in
(i) to reject the appli-
Afghanistan (‘EUPOL Afghanistan’)
cant's tender in relation to the contract for provision of
guarding and close protection services in Afghanistan, (ii) to
award the contract to another tenderer as communicated to
the applicant by letter of 23 November 2008;

— order the defendant to bear the applicant's costs pursuant to
Article 87 of the Rules of Procedure of the Court of First
Instance.