CELEX: 62008CO0225
Language: en
Date: 2009-06-29 00:00:00
Title: Order of the Court (Eighth Chamber) of 29 June 2009.#Nuova Agricast Srl v Commission of the European Communities.#Appeal - Public access to documents of the institutions - Documents originating from a Member State - Objection of the Member State to disclosure of the documents - Refusal of access - New application - Confirmatory measure.#Case C-225/08 P.

Order of the Court (Eighth Chamber) of 29 June 2009 – Nuova Agricast v Commission
      (Case C‑225/08 P)
      Appeal – Public access to documents of the institutions – Documents originating from a Member State – Objection of the Member State to disclosure of the documents – Refusal of access – New application – Confirmatory measure
      1.                     Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Legal classification of the facts – Admissibility
            (Art. 225 EC) (see paras 36-37)
      2.                     European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right
            of access to documents – Conditions – Requirement that the institution should examine the documents specifically and individually
            (European Parliament and Council Regulation No 1049/2001, Art. 4(7)) (see paras 56-60)
      Re: 
      
         Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 12 March 2008 in Case T-443/07 
               Nuova Agricast
                v 
               Commission
                by which that Court dismissed as inadmissible an action for annulment of the Commission’s decision of 5 October 2007 rejecting
                  a request made by the appellant for review of that institution’s earlier refusal to allow it access to certain documents.
               
            Operative part: 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Nuova Agricast Srl is ordered to pay the costs.