CELEX: 62010CN0626
Language: en
Date: 2010-12-28 00:00:00
Title: Case C-626/10P: Appeal brought on 28 December 2010 by Kalliope Agapiou Joséphidès against the judgment delivered by the General Court (Seventh Chamber) on 21 October 2010 in Case T-439/08 Agapiou Joséphidès v Commission and EACEA

2.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/13
            
         Appeal brought on 28 December 2010 by Kalliope Agapiou Joséphidès against the judgment delivered by the General Court (Seventh Chamber) on 21 October 2010 in Case T-439/08 Agapiou Joséphidès v Commission and EACEA
   (Case C-626/10P)
   2011/C 103/22
   Language of the case: French
   
      Parties
   
   
      Appellant: Kalliope Agapiou Joséphidès (represented by: C. Joséphidès and H. Joséphidès, avocats)
   
      Other parties to the proceedings: European Commission and Education, Audiovisual and Culture Executive Agency (EACEA)
   
      Form of order sought
   
   
               —
            
            
               Set aside the judgment of the General Court delivered on 21 October 2010 in Case T-439/08;
            
         
               —
            
            
               Annul the decision of the Education, Audiovisual and Culture Executive Agency (EACEA) of 1 August 2008 refusing to grant the appellant access to certain documents in File No 07/0122 relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus;
            
         
               —
            
            
               Annul Commission Decision C(2007) 3749 of 8 August 2008 relating to an individual decision to award a subsidy within the framework of the Lifelong Learning Programme, Jean Monnet sub-programme;
            
         
               —
            
            
               Order the respondents to pay the costs of both sets of proceedings.
            
         
      Pleas in law and main arguments
   
   The appellant relies on a number of grounds in support of her appeal.
   Kalliope Agapiou Joséphidès submits that the General Court infringed her personal general right of access to documents concerning her, the principle of transparency contained in the second paragraph of Article 1 and Article 6 TFEU, Article 255 EC and the Charter of Fundamental Rights of the European Union (Articles 8, 41(2)(b), 42 and 52(6)). The General Court thus committed a procedural error in disregarding the references provided by the appellant at the hearing to the Charter of Fundamental Rights and in disregarding the opinion of the Ombudsman for the Republic of Cyprus of 3 June 2009 concerning the refusal of the University of Cyprus to grant access to the same documents at issue as those held by the respondents.
   The appellant also claims that the General Court erred in law in deciding, first, that the Education, Audiovisual and Culture Executive Agency (EACEA) was competent to process the confirmatory request for access to documents and, second, to reject the appellant’s plea that the decision of the management committee of the EACEA was unlawful.
   Moreover, the appellant alleges infringement of a number of provisions of Regulation (EC) No 1049/2001, (1) which the General Court interpreted too restrictively and in breach of the principles established by case-law.
   The appellant also relies on a plea alleging infringement of the principles of good faith, consistency and sound administration and of the duty to state reasons.
   Lastly, the appellant submits that the General Court erred in law in failing to annul Commission Decision C(2007) 3749 of 8 August 2008.
   
      (1)  Regulation of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).