Case C-135/11 P: Judgment of the Court (Third Chamber) of 21 June 2012 — IFAW Internationaler Tierschutz-Fonds gGmbH v European Commission, Kingdom of Denmark, Republic of Finland, Kingdom of Sweden (Appeals — Public access to documents of the institutions — Regulation (EC) No 1049/2011 — Article 4(5) — Scope — Documents originating from a Member State — Objection by the Member State to disclosure of the documents — Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting — Production of the document to the European Union judicature)
Date: 2012-06-21
Institutions: Court of Justice
Subjects: EU Member State, access to EU information, administrative check








C_2012250EN.01000602.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/6





Judgment of the Court (Third Chamber) of 21 June 2012 — IFAW Internationaler Tierschutz-Fonds gGmbH v European Commission, Kingdom of Denmark, Republic of Finland, Kingdom of Sweden
(Case C-135/11 P) (1)

(Appeals - Public access to documents of the institutions - Regulation (EC) No 1049/2011 - Article 4(5) - Scope - Documents originating from a Member State - Objection by the Member State to disclosure of the documents - Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting - Production of the document to the European Union judicature)
2012/C 250/10
Language of the case: English

Parties


Appellant: IFAW Internationaler Tierschutz-Fonds gGmbH (represented by: S. Crosby and S. Santoro, advocaten)

Other parties to the proceedings: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, acting as Agents), Kingdom of Denmark, Republic of Finland, Kingdom of Sweden

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 January 2011 in Case T-362/08 IFAW Internationaler Tierschutz-Fonds v Commission dismissing the application for the annulment of the Commission’s decision of 19 June 2008 refusing in part to grant the applicant access to documents transmitted to the Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 13 January 2011 in Case T-362/08 IFAW Internationaler Tierschutz-Fonds v Commission;










2.


Refers the case back to the General Court of the European Union for it to give judgment on the application brought by IFAW Internationaler Tierschutz-Fonds gGmbH for the annulment of the decision of the European Commission of 19 June 2008 refusing to grant it access to a document transmitted to the European Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;










3.


Reserves the costs.






(1)  OJ C 179, 18.6.2011.