CELEX: 62010CO0626
Language: en
Date: 2011-11-10 00:00:00
Title: Order of the Court (First Chamber) of 10 November 2011. # Kalliope Agapiou Joséphidès v European Commission and Education, Audiovisual and Culture Executive Agency (EACEA, Brussels). # Appeal - Access to documents - Regulation (EC) No 1049/2001 - Article 4(1)(b) and (2), first indent - Protection of private life and integrity of the individual - Protection of commercial interests - Regulation (EC) No 58/2003 - Executive agencies - Competence to handle confirmatory requests regarding applications for access to documents - Principle of transparency - 'Overriding public interest' - Errors of law. # Case C-626/10 P.

Order of the Court (First Chamber) of 10 November 2011 – Agapiou Joséphidès v Commission and EACEA
      (Case C-626/10 P)
      Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(1)(b) and (2), first indent – Protection of private life and integrity of the individual – Protection of commercial interests – Regulation (EC) No 58/2003 – Executive agencies – Competence to handle confirmatory requests regarding applications for access to documents – Principle of transparency – ‘Overriding public interest’ – Errors of law
      1.                     Appeals – Pleas in law – Necessity of a specific challenge to a point in the General Court’s reasoning (Art. 256 TFEU; Statute
            of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see para. 60)
      2.                     Procedure – Statement of reasons for judgments – Scope (see para. 87)
      3.                     Appeals – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted (Art. 256
            TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 107)
      4.                     Actions for annulment – Time-limits – Point from which time starts to run – Measure not notified to the applicant – Duty to
            request the whole text of the decision within a reasonable time once aware of its existence (Art. 230, fifth para, EC) (see
            paras 127, 131)
      Re: 
      
         Appeal brought against the judgment of the General Court (Seventh Chamber) of 21 October 2010 in Case T‑439/08 
               Agapiou Joséphidès v Commission and EACEA
               , by which that court dismissed the action brought by the applicant seeking annulment, first, of the decision of EACEA of
                  1 August 2008 relating to an application for access to documents concerning the allocation of a Jean Monnet centre of excellence
                  to the University of Cyprus and, second, of Commission Decision C(2007) 3749 of 8 August 2007 relating to an individual decision
                  to allocate subsidies in the context of the lifelong learning programme, a Jean Monnet sub-programme – Infringement of the
                  right of access to documents and of the principle of transparency – Errors of law.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Ms Agapiou Joséphidès is ordered to pay the costs.