CELEX: C2006/022/36
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-409/05: Action brought on  8 November 2005  — A.S.TER v Commission

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/19
            
         Action brought on 8 November 2005 — A.S.TER v Commission
   (Case T-409/05)
   (2006/C 22/36)
   Language of the case: Italian
   Parties
   
      Applicant(s): Società A.S.TER S.p.A. (Genova, Italy) (represented by: Lorenzo Acquarone and Daniela Anselmi)
   
      Defendant(s): Commission of the European Communities
   Form of order sought
   The applicant(s) claim(s) that the Court should:
   
               —
            
            
               annul the contested measures and, as a result, grant rights of access and therefore release a full copy of the complaint and the annexes thereto;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   The applicant in the present action, a limited liability company most of whose capital is held by the Municipality of Genoa, seeks annulment of the defendant's decision rejecting access, under Article 7(e) of Regulation (EC) No 1049/2001 (1) of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, to the complaint (and annexes thereto) sent to the Commission on 21 February 2005, which gave rise to an investigation which may lead to initiation of formal infringement proceedings against the applicant.
   Access was withheld on the basis that disclosure might have had an adverse impact on the conduct of the investigation by the Commission.
   In support of its claims, the applicant alleges infringement of Article 4(2) of Regulation No 1049/2001, of the principle audi alteram partem and of the principles of transparency, cooperation and participation in proceedings, and also lack of an adequate statement of reasons.
   It submits in that regard that there is, despite the defendant's claim, no need to withhold distribution of documents relating to the infringement proceedings in order to avoid undermining the inquiries, but that, on the contrary, it is necessary for the purpose of such inquiries for the procedure to be conducted with the greatest transparency and cooperation, so that the Municipality of Genoa and the applicant can produce the documentation required for conduct of the investigations.
   Furthermore, since the applicant is a party to administrative proceedings before the defendant, the contested decision infringes the principle audi alteram partem.
   The applicant adds that objections to rights of access must be interpreted restrictively and in the light of the principle entitlement to information and the principle of proportionality.
   
      (1)  OJ L 145 of 31.5.2001, p. 43.