CELEX: C1999/071/53
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 4 December 1998 by Aldo Kuijer against the Council of the European Union (Case T-188/98)

C 71/28               EN                Official Journal of the European Communities                                13.3.1999
    discriminatory features regarding Spanish producers of         documents of the Centre for Information, Discussion and
    olive oil since a national guaranteed quantity has been        Exchange on Asylum (CIREA), which were requested
    fixed for Spain which falls far short of the yields of         pursuant to Council Decision 93/731/EC of 20 December
    the last two years, and for Italy a national guaranteed        1993 on public access to Council documents. The
    quantity has been fixed which substantially exceeds its        documents requested were as follows:
    production in the last marketing year. Similarly, the
    regulation discriminates against olive oil as a
    Mediterranean product as compared with other                   (a) Common Foreign and Security Policy reports, analyses
    continental products covered by market organisations.              or evaluations for the years 1994 up to and including
    Finally, the reform at issue is not based on common                1998 which had been drawn up by the CIREA or in
    criteria or uniform calculation methods.                           connection with the CIREA, with regard to the
                                                                       situation in those third countries or regions from
                                                                       which a large number of asylum-seekers originate or
Ð Breach of the principle of proportionality. Attention is             in which they reside;
    drawn in particular to the abolition of the export
    regime, which the applicant describes as manifestly
    disproportionate.                                              (b) any reports of joint missions or reports supplied to the
                                                                       CIREA by one or more Member States, concerning
                                                                       missions to third countries by such Member State or
Finally, the applicant alleges breach of the right to                  States;
property and infringement of the principle of freedom to
engage in an economic activity.
                                                                   (c) a list drawn up by the CIREA or in connection with
                                                                       the CIREA of those contact persons who are involved
(1) OJ L 210, 20.7.1998, p. 92.                                        with asylum cases in the Member States, together with
                                                                       any changes made to that list subsequently.
                                                                   The applicant submits that the refusal by the Council to
                                                                   grant access to the documents requested infringes
Action brought on 4 December 1998 by Aldo Kuijer
         against the Council of the European Union                 Ð Council Decision 93/731/EC, and more in particular
                                                                       articles 4(1) and 1(2) thereof,
                       (Case T-188/98)
                        (1999/C 71/53)
                                                                   Ð the obligation to state reasons and
               (Language of the case: English)
                                                                   Ð the fundamental principle of Community law that
                                                                       European citizens should be granted the widest and
An action against the Council of the European Union was                fullest possible access to the EU Institutions'
brought before the Court of First Instance of the European             documents.
Communities on 4 December 1998 by Aldo Kuijer,
represented by Onno W. Brouwer and FreÂdeÂric P. Louis,
with an address for service in Luxembourg at the
Chambers of Me Marc Loesch, 11 Rue Goethe.
The applicant claims that the Court should:                        Action brought on 15 December 1998 by Micro Leader
                                                                   Business (M.L.B.) against the Commission of the
                                                                                      European Communities
Ð annul the contested decision whereby the Council
                                                                                         (Case T-198/98)
    refuses to grant access to the document requested by
    the applicant;                                                                        (1999/C 71/54)
Ð order the Council to pay the applicant's costs pursuant                         (Language of the case: French)
    to Article 87 of the Rules of Procedure of the Court of
    First Instance, including the costs of any intervening
    parties.                                                       An action against the Commission of the European
                                                                   Communities was brought before the Court of First
                                                                   Instance of the European Communities on 15 December
Pleas in law and main arguments adduced in support:                1998 by Micro Leader Business (M.L.B.), whose registered
                                                                   office is at Aulnay sous Bois (France), represented by
                                                                   Silvestre Tandeau de Marsac, of the Paris Bar, with an
The applicant seeks the annulment of a refusal by the              address for service in Luxembourg at the Chambers of
Council of the European Union to grant access to certain           Jean Brucher, 10 Rue de Vianden.