CELEX: 62011TN0211
Language: en
Date: 2011-04-11 00:00:00
Title: Case T-211/11: Action brought on 11 April 2011 — Timab Industries and CFPR v Commission

18.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/18
            
         Action brought on 11 April 2011 — Timab Industries and CFPR v Commission
   (Case T-211/11)
   2011/C 179/31
   Language of the case: French
   
      Parties
   
   
      Applicants: Timab Industries (Dinard, France) and Cie financière et de participations Roullier (CFPR) (Saint-Malo, France) (represented by: N. Lenoir, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicants claim that the Court should:
   
               —
            
            
               annul the decision;
            
         
               —
            
            
               order the Commission to pay the costs in their entirety.
            
         
      Pleas in law and main arguments
   
   The applicants seek the annulment of the Commission’s decision of 1 February 2011 refusing access to certain Commission documents relating to a procedure pursuant to Article 101 TFEU and Article 13 of the Agreement on the European Economic Area, concerning a cartel on the European market in animal feed phosphates (Case COMP/38866).
   In support of the action, the applicants rely on three pleas in law:
   
               1.
            
            
               First plea in law, alleging error of law and a manifest error of assessment in relation to the second subparagraph of Article 4(3) of Regulation No 1049/2001, (1) in so far as the documents applied for are not opinions but decisions in respect of which it has not been established that disclosure might seriously undermine the decision-making process.
            
         
               2.
            
            
               Second plea in law, alleging error of law and a manifest error of assessment in relation to the first indent of Article 4(2) of Regulation No 1049/2001, in so far as the documents applied for do not contain any sensitive commercial information precluding, even partly, their disclosure.
            
         
               3.
            
            
               Third plea in law, alleging error of law and a manifest error of assessment in relation to the third indent of Article 4(2) of Regulation No 1049/2001, in so far as the Commission contended that the purpose of inspections, investigations and audits would be undermined.
            
         
      (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).