CELEX: 62018TN0701
Language: en
Date: 2019-04-08 00:00:00
Title: Case T-701/18: Action brought on 8 April 2019 — SJ v Commission

3.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 187/80
            
         
      Action brought on 8 April 2019 — SJ v Commission
      (Case T-701/18)
      (2019/C 187/86)
      Language of the case: English
      
         Parties
      
      
         Applicant: SJ (represented by: J. MacGuill, Solicitor and E. Martin-Vignerte, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the European Commission’s refusal to grant access to documents under Regulation (EC) No 1049/2001 (1), taken by confirmatory decision C(2018) 6642 final of 4 October 2018, and notified to the applicant on 8 October 2018;
               
            
                  —
               
               
                  in relation to costs, order that each party should bear their own costs or that the defendant bear the applicant’s costs were the applicant to succeed.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging that, by relying on the general presumption of non-disclosure, the defendant effectively shifted the burden of proof and afflicted the applicant with an impossible burden of proof to discharge, in contradiction with stated case-law.
               
            
                  2.
               
               
                  Second plea in law, alleging a manifest error of assessment regarding the existence of an overriding public interest, in breach of the principles of the relevant case-law.
               
            
         (1)  Regulation (EC) 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 2001 L 145, p.43).