CELEX: C2001/317/33
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-352/01: Action brought on 19 September 2001 by the Commission of the European Communities against the Kingdom of Spain

C 317/18                EN                 Official Journal of the European Communities                                      10.11.2001
Pleas in law and main arguments                                       Appeal brought on 19 September 2001 by Olli Mattila
                                                                      against the judgment delivered on 12 July 2001 by the
                                                                      Fifth Chamber of the Court of First Instance of the
The pleas in law and main arguments are identical to those            European Communities in case T-204/99 (1) between Olli
submitted in Case C-323/01 (2); the period prescribed for             Mattila and the Council of the European Union and the
transposition expired on 14 March 2000.                                        Commission of the European Communities
                                                                                               (Case C-353/01 P)
(1) OJ 1998 L 77, p. 36.
(2) See page 12 of this Official Journal.
                                                                                                (2001/C 317/34)
                                                                      An appeal against the judgment delivered on 12 July 2001 by
                                                                      the Fifth Chamber of the Court of First Instance of the
                                                                      European Communities in case T-204/99 between Olli Mattila
                                                                      and the Council of the European Union and the Commission
                                                                      of the European Communities, was brought before the Court
Action brought on 19 September 2001 by the Com-                       of Justice of the European Communities on 19 September
mission of the European Communities against the                       2001 by Olli Mattila, residing in Hyvinkää, Finland, represented
                        Kingdom of Spain                              by Z. Sundström and M.R. Kauppi, Lawyers, with an address
                                                                      for service in Luxembourg.
                         (Case C-352/01)
                                                                      The Appellant claims that the Court should:
                         (2001/C 317/33)
                                                                      —     annul the judgment of the Court of First Instance (Fifth
An action against the Kingdom of Spain was brought before                   Chamber) of 12 July 2001;
the Court of Justice of the European Communities on 19 Sep-
tember 2001 by the Commission of the European Communi-
ties represented by Gregorio Valero Jordana, acting as Agent,         —     annul the decision of the Council and the Commission
with an address for service in Luxembourg at the office of                  which is the subject of the present appeal;
L. Escobar Guerrero, Wagner Centre C 254.
                                                                      —     invite the Council and the Commission to reconsider
                                                                            their position and give access to the Appellant to the
The applicant claims that the Court should:                                 requested documents;
1.    Declare that by not having adopted the laws, regulations        —     give access, at least partial access, to such documents after
      and administrative provisions necessary to comply with                cancelling or editing the sections which may justifiably
      Directive 98/8/EC of the European Parliament and of the               qualify as liable to prejudice the international relations of
      Council of 16 February 1998 concerning the placing of                 the European Community;
      biocidal products on the market (1) or, in any event, not
      having communicated those provisions to the Com-
      mission, the Kingdom of Spain has failed to fulfil its          —     order jointly the Council and the Commission to pay the
      obligations under that directive.                                     costs incurred by the Appellant in these proceedings.
2.    Order the Kingdom of Spain to pay the costs.
                                                                      Pleas in law and main arguments
Pleas in law and main arguments
                                                                      The Appellant contends that the Court of First Instance
                                                                      has incorrectly applied European Community Law, namely
The pleas in law and main arguments are the same as those in          93/731/EC of 20 December 1993(2) on public access to
Case C-323/01 (2); the deadline for transposition expired on          Council documents and 94/90 ECSC, EC, Euratom of 8 Febru-
13 May 2000.                                                          ary 1994 (3) on public access to Commission documents.
(1) OJ L 123 of 24.4.1998, p. 63.                                     The pleas in support of the appeal are the following:
(2) See page 12 of this Official Journal.
                                                                      a.    Manifest error of assessment in interpreting the exception
                                                                            concerning the protection of international relations;