CELEX: C2004/071/02
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-353/01 P: Olli Mattila (Appeal — Access to documents — Decisions 93/731/EC and 94/90/ECSC, EC, Euratom — Exception relating to the protection of the public interest in the field of international relations — Partial access)

C 71/2                 EN                          Official Journal of the European Union                                             20.3.2004
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                         (Sixth Chamber)                                                              (Fifth Chamber)
                       of 22 January 2004                                                           of 15 January 2004
              in Case C-353/01 P: Olli Mattila (1)
                                                                           in Case C-433/01 (Reference for a preliminary ruling
                                                                           from the Bundesgerichtshof ): Freistaat Bayern v Jan
(Appeal — Access to documents — Decisions 93/731/EC                                                    Blijdenstein (1)
and 94/90/ECSC, EC, Euratom — Exception relating to the
protection of the public interest in the field of international
                   relations — Partial access)                             (Brussels Convention — Special rules of jurisdiction —
                                                                           Article 5(2) — Maintenance — Action for recovery brought
                                                                           by a public body subrogated to the rights of the maintenance
                          (2004/C 71/02)                                                                   creditor)
                   (Language of the case: English)                                                     (2004/C 71/03)
                                                                                               (Language of the case: German)
In Case C-353/01 P, Olli Mattila (Agent: Z. Sundström), with
an address for service in Luxembourg: Appeal against the                   (Provisional translation; the definitive translation will be published
judgment of the Court of First Instance of the European                                        in the European Court Reports)
Communities (Fifth Chamber) of 12 July 2001 in Case T-204/
99 Mattila v Council and Commission [2001] ECR II-2265,
seeking to have that judgment set aside, the other parties to
the proceedings being: Council of the European Union (Agents:
J. Aussant and M. Bauer), with an address for service in                   In Case C-433/01: Reference to the Court, pursuant to the
Luxembourg, and Commission of the European Communities                     Protocol of 3 June 1971 on the interpretation by the Court of
(Agents: C. Docksey and U. Wölker) with an address for service             Justice of the Convention of 27 September 1968 on jurisdic-
in Luxembourg, the Court (Sixth Chamber), composed of:                     tion and the enforcement of judgments in civil and commercial
C. Gulmann, acting for the President of the Sixth Chamber,                 matters, by the Bundesgerichtshof (Germany) for a preliminary
J.N. Cunha Rodrigues (Rapporteur), J.-P. Puissochet,                       ruling in the proceedings pending before that court between
R. Schintgen and F. Macken, Judges; P. Léger, Advocate                     Freistaat Bayern and Jan Blijdenstein, on the interpretation of
General; H. von Holstein, Deputy Registrar, has given a                    Article 5(2) of the abovementioned Convention of 27 Septem-
judgment on 22 January 2004, in which it:                                  ber 1968 (OJ 1978 L 304, p. 36), as amended by the
                                                                           Convention of 9 October 1978 on the accession of the
                                                                           Kingdom of Denmark, Ireland and the United Kingdom of
1.   Sets aside the judgment of the Court of First Instance of the         Great Britain and Northern Ireland (OJ 1978 L 304, p. 1, and
     European Communities of 12 July 2001 in Case T-204/99                 — amended text— p. 77), by the Convention of 25 October
     Mattila v Council and Commission in so far as it rejects Mr           1982 on the accession of the Hellenic Republic (OJ 1982
     Mattila’s form of order seeking annulment of the decisions of         L 388, p. 1), and by the Convention of 26 May 1989 on the
     the Commission of the European Communities and the Council            accession of the Kingdom of Spain and the Portuguese
     of the European Union of 5 and 12 July 1999 respectively              Republic (OJ 1989 L 285, p. 1), the Court (Fifth Chamber),
     refusing the appellant access to certain documents;                   composed of: P. Jann (Rapporteur), acting for the President of
                                                                           the Fifth Chamber, C.W.A. Timmermans and A. Rosas, Judges;
2.   Annuls those decisions;                                               A. Tizzano, Advocate General; R. Grass, Registrar, has given a
                                                                           judgment on 15 January 2004, in which it has ruled:
3.   Dismisses the remainder of the appeal;
                                                                           Article 5(2) of the Convention of 27 September 1968 on jurisdiction
4.   Orders the Council and the Commission to pay the costs                and the enforcement of judgments in civil and commercial matters,
     relating to both sets of proceedings.                                 as amended by the Convention of 9 October 1978 on the accession
                                                                           of the Kingdom of Denmark, Ireland and the United Kingdom of
                                                                           Great Britain and Northern Ireland, by the Convention of 25 October
(1) OJ C 317 of 10.11.2001.                                                1982 on the accession of the Hellenic Republic and by the Convention
                                                                           of 26 May 1989 on the accession of the Kingdom of Spain and the
                                                                           Portuguese Republic must be interpreted as meaning that it cannot
                                                                           be relied on by a public body which seeks, in an action for recovery,