CELEX: 62008TJ0439
Language: en
Date: 2010-10-21
Title: Judgment of the General Court (Seventh Chamber) of 21 October 2010. # Kalliope Agapiou Joséphidès v European Commission and Education, Audiovisual and Culture Executive Agency (EACEA). # Access to documents - Regulation (EC) No q1049/2001 - Documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus - Documents emanating from a third party - Partial refusal of access - Action for annulment - Time-limit for action - Inadmissibility - Objection of illegality - Exception relating to the protection of the privacy and integrity of the individual - Exception relating to the protection of commercial interests - Duty to give reasons. # Case T-439/08.

Judgment of the General Court (Seventh Chamber) of 21 October 2010 – Agapiou Joséphidès v Commission and EACEA
      (Case T-439/08)
      Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus – Documents emanating from a third party – Partial refusal of access – Action for annulment – Time-limit for action – Inadmissibility – Objection of illegality – Exception relating to the protection of the privacy and integrity of the individual – Exception relating to the protection of commercial interests – Duty to give reasons
      1.                     Actions for annulment – Conditions for admissibility – Action brought against the author of the contested measure – Exceptions
            – Measures adopted under delegated powers imputable to the delegating institution – Conditions (Art. 230 EC) (see paras 34-38)
      2.                     Actions for annulment – Actionable measures – Concept – Decision of the Education, Audiovisual and Culture Executive Agency
            (EACEA) partially rejecting an application for access to documents under Regulation No 1049/2001 – Decision-making competence
            of EACEA distinct from that of the Commission – Inclusion in the concept (Art. 230 EC) (see paras 42-45)
      3.                     Plea of illegality – Scope – Measures the illegality of which may be pleaded – General measure providing the basis of the
            contested decision – Need for a legal connection between the contested measure and the contested general measure (Arts 230
            EC and 241 EC) (see paras 49-51, 53-54)
      4.                     European Communities – Community institutions and bodies – Right of public access to documents –Article 255 EC and Article
            1, second indent, EU – Direct effect – None – Effect (Art. 255 EC; Art. 1, second para., EU) (see paras 62-63)
      5.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Decision of the Education,
            Audiovisual and Culture Executive Agency (EACEA) partially to refuse access to Commission documents following a fresh application
            – Assessment as to whether that decision definitive or otherwise – Obligation to bring a fresh confirmatory application for
            access – None (European Parliament and Council Regulation No 1049/2001, Arts 4(1), (3) and (7), 6(1), 7 and 8(1)) (see paras
            73-75, 78)
      6.                     European Communities – Community institutions and bodies – Right of public access to documents – Obligation of institutions
            or bodies to develop sound administrative practices (European Parliament and Council Regulation No 1049/2001, Art. 15(1))
            (see paras 88-90)
      7.                     European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 –
            Exceptions to the right of access to documents – Documents originating from third parties – Prior consultation of third parties
            concerned – Scope – Mandatory nature – None – Discretion of the institutions (European Parliament and Council Regulation No
            1049/2001, Art. 4(4)) (see para. 95)
      8.                     European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 –
            Exceptions to the right of access to documents – Conditions – Restrictive interpretation – Principle of proportionality –
            Obligation on the institution or body to make a concrete and individual examination of documents – Possibility of granting
            partial access to documents (European Parliament and Council Regulation No 1049/2001, Arts 4(2), (3) and (6)) (see paras 105-108)
      9.                     European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 –
            Exceptions to the right of access to documents – Protection of privacy and the integrity of the individual – Obligation on
            the institution or body to make a concrete and individual examination of documents – Scope – Possibility of granting partial
            access to documents (European Parliament and Council Regulation No 1049/2001, Arts 4(1)(b) and (6)) (see paras 111-112, 114-120)
      10.                     European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 –
            Exceptions to the right of access to documents – Protection of the commercial interests of a legal person – Obligation on
            the institution or body to make a concrete and individual examination of documents – Possibility of granting partial access
            to documents (European Parliament and Council Regulation No 1049/2001, Art. 4(2), first indent) (see paras 125-127, 129)
      11.                     European Communities – Community institutions and bodies – Right of public access to documents – Regulation No 1049/2001 –
            Exceptions to the right of access to documents – Overriding public interest justifying the disclosure of documents – Concept
            – Obligation on the institution or body to balance the interests at stake (European Parliament and Council Regulation No 1049/2001,
            Arts 4(2) and (3)) (see paras 136-137, 139-142)
      12.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC; European Parliament and Council Regulation
            No 1049/2001, Arts 4(1)(b), (2) and (3)) (see paras 146-150)
      13.                     Actions for annulment – Time-limits – Point from which time starts to run – Measure not published and not notified to the
            applicant – Precise knowledge of the content and reasons – Duty to request the whole text of the decision within a reasonable
            time once its existence is known – Request formulated more than four months after existence of the contested decision became
            known – Unreasonable delay – Inadmissibility of the application (Art. 230, fifth para., EC) (see paras 157-161)
      14.                     Procedure – Introduction of new pleas during the proceedings – Head of claim first raised at the reply stage – Inadmissibility
            (Rules of Procedure of the General Court, Art. 48(2)) (see paras 168-169)
      Re:
      
         
               ANNULMENT, firstly, of the decision of the EACEA of 1 August 2008, concerning a request for access to certain documents relating
                  to the award of a Jean Monnet Centre of Excellence to the University of Cyprus and, secondly, of Commission Decision C(2007)
                  3749 of 8 August 2007 relating to an individual decision to award a subsidy within the framework of the Lifelong Learning
                  Programme, Jean Monnet sub-programme.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ms Kalliope Agapiou Joséphidès to pay the costs.