CELEX: 62021TN0232
Language: en
Date: 2021-05-03 00:00:00
Title: Case T-232/21: Action brought on 3 May 2021 — Saure v Commission

21.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 242/52
            
         
      Action brought on 3 May 2021 — Saure v Commission
      (Case T-232/21)
      (2021/C 242/73)
      Language of the case: German
      
         Parties
      
      
         Applicant: Hans-Wilhelm Saure (Berlin, Germany) (represented by: C. Partsch, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the Commission’s decision to reject the applicant’s request for access to documents of the Commission (file number Gestdem 2021/0550) by refusing to provide him with copies of all of the correspondence that it has exchanged, since 1 April 2020, with the company AstraZeneca plc or with its subsidiaries as well as with the Federal Chancellery of Germany or with the Federal Ministry of Health, relating to the company AstraZeneca plc or its subsidiaries, and in particular to the quantity of Covid-19 vaccines offered by AstraZeneca plc and its delivery deadlines;
               
            
                  —
               
               
                  order the Commission to pay the costs of the proceedings.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law: The applicant has a right to access the contested documents of the European Commission pursuant to Article 2(1) of Regulation (EC) No 1049/2001. (1) The refusal by the Commission infringes that provision.
               
            
                  2.
               
               
                  Second plea in law: No ground for exclusion laid down by Regulation No 1049/2001 precludes the applicant’s right of access. The Commission did not put forward any grounds for exclusion and no such grounds are apparent.
               
            
         (1)  Regulation (EC) No 1049/2001 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).