Joined Cases T-109/05 and T-444/05: Judgment of the General Court of 24 May 2011 — NLG v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the cost elements arising from public service obligations relating to State aid — Refusal of access — Exception concerning the protection of the commercial interests of a third party — Professional secrecy — Obligation to state reasons — Equal treatment — Documents originating from a Member State)
Date: 2011-05-24
Institutions: General Court
Subjects: Italy, State aid, access to information, maritime transport, traveller








C_2011204EN.01002001.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/20





Judgment of the General Court of 24 May 2011 — NLG v Commission
(Joined Cases T-109/05 and T-444/05) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the cost elements arising from public service obligations relating to State aid - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Professional secrecy - Obligation to state reasons - Equal treatment - Documents originating from a Member State)
2011/C 204/34
Language of the case: Italian

Parties


Applicant: Navigazione Libera del Golfo Srl (NLG), formerly Navigazione Libera del Golfo SpA (Naples, Italy) (represented by: S. Ravenna, and A. Abate, lawyers)

Defendant: European Commission (represented by: P. Costa de Oliveira and V. Di Bucci, Agents)

Interveners in support of the defendant: Italian Republic (represented initially by I. Braguglia, Agent, and M. Fiorilli, avvocato dello Stato, and subsequently by M. Fiorilli and R. Adam, Agent, and finally by I. Bruni, avvocato dello Stato) (Case T-444/05); Council of the European Union, (represented by: B. Driessen and A. Vitro, Agents (Case T-444/05); Caremar SpA (Naples) (represented initially by G.M. Roberti, A. Franchi and G. Bellitti, and subsequently by G.M. Roberti, G. Bellitti and I. Perego, lawyers) (Cases T-109/05 and T-444/05)

Re:

Application for annulment of Commission Decisions D(2005) 997 of 3 February 2005 and D(2005) 9766 of 12 October 2005 refusing the applicant access to certain information which was not reproduced in the published version of Commission Decision 2005/163/EC of 16 March 2004 on the State aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and Toremar shipping companies (Tirrenia Group) (OJ 2005 L 53, p. 29).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision D(2005) 997 of 3 February 2005 in so far as it concerns refusal of access to detailed elements of the extra costs borne annually by Caremar SpA relating to passenger transport services on the Naples-Beverello/Capri line both by ferries and by high-speed craft;










2.


Dismisses the remainder of the action in Case T-109/05;










3.


Orders the European Commission to bear one-third of its costs and to pay one-third of the costs incurred by Navigazione Libera del Golfo Srl (NLG), and the latter to bear two-thirds of its costs and to pay two-thirds of the costs incurred by the Commission in Case T-109/05;










4.


Orders Caremar to bear its own costs in Case T-109/05.










5.


Annuls Commission Decision D(2005) 9766 of 12 October 2005;










6.


Orders the European Commission to pay the costs in Case T-444/05;










7.


Orders the Italian Republic, the Council of the European Union and Caremar to bear their own costs.






(1)  OJ C 106, 30.4.2005.