CELEX: C1995/333/25
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 October 1995 in Case T-194/94: John Carvel and Guardian Newspapers Ltd v. Council of the European Union (Transparency - Access to information - Council Decision refusing access to documents relating to its deliberations - Interpretation of Article 4 (2) of Decision 93/731/EC)

9 . 12 . 95             EN                 Official Journal of the European Communities                                      No C 333/ 13
— ( As regards workers residing for less than three                          a simple attestation of the fact that the worker
      months )                                                               concerned has reported his presence on Belgian territory
      Although Article 8 ( 1 ) ( a ) and ( c ) of Directive                  (Article 8 ( 2 ) of Directive 68/360/EEC ).
      68/360/EEC provides that Member States are, without
                                                                      (') OJ , English Special Edition 1968 ( II ), p. 485 .
      issuing a residence permit, to recognize the right of           ( 2 ) Law of 15 December 1980 on access to the territory, residence,
      residence , the Belgian legislation in force requires the             establishment and the departure of aliens ( as amended by the
      persons concerned to apply for a document ( the issue of              Law of 6 May 1993 ); Royal Decree of 8 October 1981 on access
      which may, depending on the commune involved, give                    to the territory, residence , establishment and the departure of
      rise to the payment of a charge ) amounting to more than              aliens ( as amended several times ).
                                                     COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                               3 . orders the Council to pay the costs;
                       of 19 October 1995
in Case T-194/94 : John Carvel and Guardian Newspapers                4 . orders the Kingdom of Denmark, the Kingdom of the
            Ltd v. Council of the European Union ( 1 )                       Netherlands and the European Parliament to bear their
                                                                             own costs .
(Transparency — Access to information — Council
Decision refusing access to documents relating to its
deliberations — Interpretation of Article 4 (2) of Decision           (•) OJ No C 202 , 23 . 7 . 1994 .
                             93/731/EC)
                           ( 95/C 333/25 )
                  (Language of the case: English)
In Case T-194/94 : John Carvel, residing in Brussels, and              JUDGMENT OF THE COURT OF FIRST INSTANCE
Guardian Newspapers Ltd, whose registered office is in                                          of 26 October 1995
Manchester, United Kingdom, represented by Onno
                                                                      in Case T-l 85 /94 : Geotronics SA v. Commission of the
W. Brouwer and Frederic P. Louis, of the Brussels Bar,
assisted by Deirdre Curtin, of the University of Utrecht, with                              European Communities ( L )
an address for service in Luxembourg at the Chambers of                (Phare programme — Restricted invitation to tender —
Marc Loesch, 11 Rue Goethe, supported by Kingdom of                   Action for annulment — Admissibility — EEA Agree­
Denmark, ( Agent: Peter Biering ), Kingdom of the                                         ment — Action for damages)
Netherlands ( Agents : A. Bos and J. W. de Zwaan ) and                                              ( 95/C 333/26 )
European Parliament ( Agents : Gregorio Garzon Clariana
and Francois Vainker ) against Council of the European
Union ( Agents : Jill Aussant and Giorgio Maganza ) —                                    (Language of the case: English)
application for annulment of decisions of the Council
adopted pursuant to Council Decision 93/731 /EC of
20 December 1993 on public access to Council documents                In Case T-l 85/94 : Geotronics SA, a company with its
( OJ 1993 L 340, p. 43 ) — the Court of First Instance                registered office at Lognes ( France ), represented by Tommy
 ( Second Chamber, Extended Composition ), composed of                Pettersson, of the Swedish Bar, with an address for service in
B. Vesterdorf, President, D. P. M. Barrington, A. Saggio,              Luxembourg at the Chambers of Arendt and Medernach,
H. Kirschner and A. Kalogeropoulos, Judges; H. Jung,                   8-10 Rue Mathias Hardt, against the Commission of the
Registrar, gave a judgment on 19 October 1995 , in which               European Communities ( Agents : Karen Banks and, at the
 it :                                                                  hearing, John Forman ) — application for, first, the
                                                                       annulment of the Commission 's decision of 10 March 1994
                                                                       rejecting the applicant's tender for the supply of electronic
 I . annuls the implied decision of the Council refusing the           tacheometers under the Phare Programme, and, second,
       applicants access to the preparatory reports, the               compensation under Articles 178 and 215 of the EC Treaty
       minutes, attendance and voting records of the Justice           for the damage which the applicant claims to have suffered
       Council of 29 and 30 November 1993 and the decision             as a result of the contested decision — the Court of First
       contained in the letter of the Council of 17 May 1994           Instance ( Fourth Chamber ), composed of K. Lenaerts
       refusing access to the minutes of the Agriculture Council       ( President of the Chamber ), R. Schintgen and
       of 24 and 25 January 1 994;                                     R. García-Valdecasas, Judges; B. Pastor, Administrator, for
                                                                       the Registrar, has given a judgment on 26 October 1995 in
 2 . dismisses the remainder of the application;                       which it: