CELEX: 62017TN0257
Language: en
Date: 2017-05-03 00:00:00
Title: Case T-257/17: Action brought on 3 May 2017 — RE v Commission

10.7.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 221/33
            
         Action brought on 3 May 2017 — RE v Commission
   (Case T-257/17)
   (2017/C 221/46)
   Language of the case: English
   
      Parties
   
   
      Applicant: RE (represented by: S. Pappas, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               order the annulment of the Security Directorate’s implied decision tacitly rejecting the applicant’s confirmatory application for access to documents of 20 January 2017;
            
         
               —
            
            
               order the defendant to pay to the applicant a fair and equitable compensation for non-material damages from the unlawful refusal to treat his access to documents application in violation of the provision of Regulation No 1049/2001 (1); and,
            
         
               —
            
            
               order the defendant to bear its own costs as well as the costs of the applicant in the current proceedings.
            
         
      Pleas in law and main arguments
   
   With the present application, the applicant asks for the annulment of the aforementioned contested implied decision for two reasons: firstly the failure of the contested decision to state reasons as regards the non-disclosure of the 15 documents requested by the applicant, which were not mentioned in the decision of 22 December 2016 that rejected the applicant’s initial request for access to documents; and secondly, the lack of, or, in any case, the erroneous justification for the non-disclosure of the other documents, if it were to be considered that the reasoning of the decision of 22 December 2016 rejecting the applicant’s initial request for access is incorporated in the contested implied decision.
   Finally, the applicant requests the award of appropriate compensation for the moral damage he incurred, which stemmed from the administration’s persistent delays and the unlawful refusal to grant him access to the documents in question, in violation of the provisions of Regulation 1049/2001.
   
      (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 L 145, 2001, p. 43)