CELEX: C2005/019/67
Language: en
Date: 2005-01-22 00:00:00
Title: Case T-446/04: Action brought on 9 November 2004 by the CO-FRUTTA Soc. coop. a r.l. against the Commission of the European Communities

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/32
            
         Action brought on 9 November 2004 by the CO-FRUTTA Soc. coop. a r.l. against the Commission of the European Communities
   (Case T-446/04)
   (2005/C 19/67)
   Language of the case: Italian
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 9 November 2004 by CO-FRUTTA Soc. coop. a r.l., represented by Wilma Viscardini and Gabriele Donà.
   The applicant claims that the Court should:
   
               —
            
            
               annul, pursuant to Article 230 EC, the decision contained in the letter of the Secretary General of the European Commission dated 10 August 2004 (SG/B/2/MM/tf D (2004) 7079), substantially rejecting the confirmatory application – submitted by Co-Frutta by letter of 3 May 2004 – for access to the documents containing data for 1998, 1999 and 2000 relating to operators registered in the Community to import bananas (WTO – bananas);
            
         
               —
            
            
               order the Commission of the European Communities to pay the costs.
            
         Pleas in law and main arguments:
   In support of its complaints, the applicant submits that the Commission could no longer adopt the contested decision given that an (implied) decision rejecting the confirmatory application had already been taken by reason of the absence of a reply.
   Furthermore, the applicant puts forwards other arguments largely the same as those in the action brought in Case T-355/04 (OJ C 262 of 23 October 2004).