CELEX: C1999/333/74
Language: en
Date: 1999-11-20 00:00:00
Title: Case T-205/99: Action brought on 15 September 1999 by HYPER S.r.l. against the Commission of the European Communities

20.11.1999              EN                     Official Journal of the European Communities                                          C 333/33
The applicant points out that, whereas the Council invoked                and Dirk Ehle, Rechtsanwälte, of Messrs Ehle & Schiller,
systematically, for each document, Article 4(1) of its Decision           Cologne, with an address for service in Luxembourg at the
93/731/EC (‘the Decision’), the Commission referred to the                Chambers of Marc Lucius, 6 Rue Michel Welter.
Decision and indicated that the documents requested could
undermine the position of the EU in current and future                    The applicant claims that the Court should:
negotiations with Russia and could not, therefore, be made
available to the applicant.                                               1. annul the Commission’s decision of 5 February 1999
                                                                               (REM: 14/98);
In support of its claims, the applicant submits that:                     2. order the Commission to pay the costs.
— it is necessary to analyse and consider the relevance and
     weight of the denials in question in the light of the overall        Pleas in law and main arguments
     transparency aimed at by the Decision;
                                                                          The applicant’s pleas in law and main arguments are similar to
— the exception relating to international relations must                  those in Cases T-186/97, T-187/97, T-190/97, T-191/97,
     be interpreted restrictively and applied carefully on a              T-192/97, T-210/97, T-211/97, T-216/97, T-217/97,
     case-by-case basis;                                                  T-218/97 (1), T-279/97 (2), T-280/97 (2), T-293/97 (3) and
                                                                          T-147/99 (4).
— in the present case the Council and the Commission are
     using what they consider to be part of their discretionary           (1) See, as regards all these cases, OJ C 318 of 18.10.1997, pp. 17 to
     authority to deny all rights to access to the requested                  25.
     documentation;                                                       (2) OJ C 387 of 20.12.1997, p. 24.
                                                                          (3) OJ C 94 of 28.3.1998, p. 24.
                                                                          (4) OJ C 246 of 28.8.1999, p. 41.
— agendas of meetings held in 1998, possibly without critical
     annotations, are mere lists of tractanda which are usually
     made available to the press in connection with meetings,
     so that it is hardly conceivable that the release of such
     agendas, after the lapse of a year, could constitute a
     dangerous or prejudicial measure liable to have an adverse
     effect on the international relations of the European Union;         Action brought on 15 September 1999 by Métropole
                                                                          Télévision (M6) against the Commission of the European
— it is a fundamental principle of Community law that                                                  Communities
     citizens of the European Union should be granted the
     widest and fullest possible access to documents of the                                          (Case T-206/99)
     institutions of the European Union;
                                                                                                     (1999/C 333/75)
— in the present case, not only is the public interest at stake,
     but also the private interest of the applicant who needs to
                                                                                               (Language of the case: French)
     be able to defend before the Finnish courts his case that
     the contents of the requested documents do not have the
     highly confidential nature that is currently alleged by the          An action against the Commission of the European Communi-
     Council and the Commission.                                          ties was brought before the Court of First Instance on
                                                                          15 September 1999 by Métropole Télévision (M6), having its
                                                                          registered office in Neuilly-sur-Seine (France), represented by
                                                                          Didier Théophile, of the Paris Bar, with an address for service
                                                                          in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue.
                                                                          The applicant claims that the Court of First Instance should:
                                                                          — annul the Commission’s decision of 29 June 1999;
Action brought on 15 September 1999 by HYPER S.r.l.                       — order the Commission to pay all the costs.
  against the Commission of the European Communities
                                                                          Pleas in law and main arguments
                          (Case T-205/99)
                                                                          The applicant contests the Commission’s decision of 29 June
                          (1999/C 333/74)                                 1999 rejecting the complaint submitted by it against the
                                                                          European Broadcasting Union (EBU), concerning an alleged
                                                                          infringement by the EBU of Article 81(1) EC by virtue of its
                   (Language of the Case: German)                         refusal to accept the applicant’s application for membership
                                                                          of that organisation. That decision forms part of the aftermath
                                                                          to the judgment of the Court of First Instance of 11 July 1996
An action against the Commission of the European Communi-                 in Joined Cases T-528/93, T-542/93, T-543/93 and T-546/93
ties was brought before the Court of First Instance of the                Métropole Télévision and Others v Commission [1996] ECR
European Communities on 15 September 1999 by HYPER                        II-649, in which the Court of First Instance annulled a decision
S.r.l., of Limena (Italien Republic), represented by Dietrich Ehle        exempting the EBU’s internal provisions and other regulations