CELEX: C1995/174/13
Language: en
Date: 1995-07-08 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 17 May 1995 in Case T-102/95 R: Jean-Pierre Aubineau v. Commission of the European Communities

8 . 7 . 95             EN                     Official Journal of the European Communities                                 No C 174/7
                                                        COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                                  Nicolas Lhoëst, of the Brussels Bar, with an address for
                        of 30 May 1995                                   service in Luxembourg at the office of Fiduciaire Myson, 1
                                                                         Rue Glesener, against the Commission of the European
in Case T-556/93 : Monique Saby v. Commission of the                     Communities ( Agent: Gianluigi Valsesia ) — application for,
                  European Communities (')                               first, the annulment of the Commission's decision of
(Officials — Accidents and professional diseases —                       1 7 August 1993 not to reimburse the excess baggage charges
Reopening of the accident file and full reimbursement of                 incurred by the applicant's wife on a journey by air between
                       medical expenses)                                 the applicant's place of origin and place of work, and ,
                           ( 95 /C 174/ 11 )                             secondly, an order that the Commission reimburse those
                                                                         charges, the Court of First Instance ( Fourth Chamber ),
               (Language of the case: French)                            composed of: K. Lenaerts ( President of the Chamber ), R.
                                                                         Schintgen and R. Garcia-Valdecasas , Judges; B. Pastor,
In Case T-556/93 : Monique Saby, a former official of the                Registrar, gave a judgment on 17 May 1995 , the operative
Commission of the European Communities, represented by                   part of which is as follows:
Mérète Turlin and Aloyse May, of the Luxembourg Bar,
with an address for service in Luxembourg at their
Chambers, 31 Grand-Rue, v. Commission of the European                    1 . the Commission decision of 17 August 1993 is
Communities ( Agents : Ana Maria Alves Vieira and Alberto                     annulled;
Dal Ferro ) — application, primarily, for the annulment of
the decision of the Commission of 3 August 1993 rejecting                2 . the Commission is ordered to pay the applicant Bfrs
the complaint submitted by the applicant on 3 May 1993 , in                   22 800, together with interest of 8% per annum, as
which she sought the reopening of her ' accident file ' and full              from 17 August 1993 until the date of effective
reimbursement, pursuant to Article 73 of the Staff                            payment;
Regulations of officials of the European Communities , of
the medical and paramedical expenses incurred in respect of              3.   the Commission shall hear all the costs .
the care needed for her re-establishment and rehabilitation,
together with default interest at the rate of 8,5 % per annum
from 1 July 1991 ; alternatively, for the setting-up of a new            (') OJ No C 218 , 6 . 8 . 1994 .
medical committee with the task of taking a decision on the
causal connection between the care in question and the
accident justifying full reimbursement of the medical and
paramedical expenses relating to it and the award of the
compensation provided for by Article 73 of the Staff
Regulations — the Court of First Instance ( First Chamber ),
composed of: J. L. Cruz Vilaça , President, and A.
Kalogeropoulos and V. Tiili, Judges; J. Palacio Gonzalez,
                                                                                         ORDER OF THE PRESIDENT
Administrator, for the Registrar, has given a judgment on
                                                                                  OF THE COURT OF FIRST INSTANCE
30 May 1995 , in which it :
                                                                                                  of 17 May 1995
 1 . dismisses the application ;                                         in Case T-102/95 R: Jean-Pierre Aubineau v. Commission
2 . orders the parties to bear their own costs.                                           of the European Communities
                                                                                                   ( 95/C 174/ 13 )
 (') OJ No C 334 , 9 . 12 . 1993 .
                                                                                         (Language of the case: French)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  In Case T-102/95 R: Jean-Pierre Aubineau, a member of the
                        of 17 May 1995                                    temporary staff of the Commission of the European
                                                                          Communities, residing in Brussels, represented by Georges
 in Case T-241/94 , Friedrich Nagel v. Commission of the                  Vandersanden and Laure Levi , of the Brussels Bar, v.
                  European Communities (')
                                                                          Commission of the European Communities ( Agents : Joseph
 (Officials — Annual leave — Travel expenses — Excess                     Griesmar and Denis Waelbroeck ) — application for
                        baggage charges)                                  suspension of the implementation of the decision of the
                            ( 95 /C 174/ 12 )                             Director-General of the Joint Research Centre, Ispra,
                                                                          contained in his note of 27 February 1995 , compulsorily
                (Language of the case: French)                            transferring the applicant to Ispra as Adviser to the Head of
                                                                          the Institute for Systems Engineering and Informatics — the
 In Case T-241 /94 : Friedrich Nagel, official of the                     President of the Court of First Instance made an order on
 Commission of the European Communities, represented by                   17 May 1995 , the operative part of which is as follows :
 ---pagebreak--- No C 174/8         | EN                  Official Journal of the European Communities                                        8 . 7 . 95
1 . the application for interim measures is dismissed;                  undermine the objectives of the Community's policy on
                                                                        improved access to Community documents . Thus, if the
2.  the costs are reserved.
                                                                        Commission invokes an exception to the general access
                                                                        to its documents , it must establish the ' imperative
                                                                        reasons ' for which the conditions laid down in the
                                                                        exception clause are fulfilled, and deal with the
                                                                        particularities of the case and with the contents of the
                                                                        documents to which access is required .
                                                                        The applicant states that the Commission invoked two
Action brought on 18 April 1995 by WWF UK (World Wide                   reasons for its refusal to grant access to the documents in
Fund for Nature ) against the Commission of the European                question : its interest in the confidentiality of its
                         Communities
                                                                        proceedings and the protection of the public interest, in
                      ( Case T-105/95 )                                 particular, the ability of the Commission to conduct
                        ( 95/C 174/ 14 )                                infringement proceedings . However, the Commission
                                                                        did not provide any ' imperative reasons ' for which the
                                                                        disclosure of the documents in question would affect the
              (Language of the case: English)                           protection of its interest in the confidentiality of its
                                                                        proceedings ; and , as regards the second reason, the
An action against the Commission of the European                        Commission did not deal with the particularities of the
Communities was brought before the Court of First                       case : its reasoning consists entirely of general statements
Instance of the European Communities on 1 8 April 1995 by               which, if correct, would apply to all infringement
WWF UK ( World Wide Fund for Nature ), represented by Dr                proceedings . The applicant maintains therefore that the
Georg M. Berrisch, with an address for service in                       Commission wrongly invoked the exception clause in
Luxembourg at the Chambers of Turk et Prum, Avenue                      the Code of conduct and that, accordingly, the contested
Guillaume 13 B, L-1651 Luxembourg.                                      decision constitutes the most extensive breach possible
                                                                        for the applicant's right of access to Commission
                                                                        documents .
The applicant claims that the Court should :
                                                                    2 . Insufficient reasoning — Infringement of Article 190 of
— annul the decision of the European Commission                         the EC Treaty
    contained in a letter of 2 February 1995 from the
    Secretary-General of the European Communities to
    counsel for the applicant by which the Secretary-General            The applicant states that Article 190 requires that the
    confirmed the refusal of the Directors-General of DG XI             Community institutions must provide reasoning for
    and DG XVI to grant the applicant access to                         their decisions . The main purpose of this provision is to
    Commission documents relating to the examination of                 make judicial review of such decisions possible . In this
    the Mullaghmore project, and in particular to the                   respect, the duty to provide sufficient reasoning serves to
    examination of whether structural funds may be used                 protect the rights of defence of those concerned by the
                                                                        decision .
    for the project, and
— order the Commission to pay the costs of these                        The applicant emphasizes that the reasoning of the
    proceedings .                                                       contested decision does not deal with the particularities
                                                                        of the case . It consists only of broad statements and it
                                                                        does not suffice to justify the conclusion that the
Pleas in law and main arguments adduced in support:                     Commission was entitled to refuse to make public the
                                                                        documents in question .
The applicant submits that the contested decision must be
annulled for two reasons :
1 . Violation of the ' Code of conduct concerning public
    access to Commission and Council documents ' ( the
    ' Code of conduct') and of Decision 94/90/ECSC , EC,
    Euratom of 8 February 1994 on public access to                  Action brought on 28 April 1995 by X against the
    Commission documents ( the 'adopting Decision ').                       Commission of the European Communities
                                                                                            ( Case T-109/95 )
    The applicant maintains that the Code of conduct and
    the adopting Decision are legally binding on the                                          ( 95/C 174/ 15
    Commission and that they impose upon it an obligation
    to grant, to the widest extent possible, access to its                           (Language of the case: English)
    documents . This obligation is the corollary of a right
    enjoyed by natural and legal persons in the Community.
    The exception clause in the Code of conduct must be             An action against the Commission of the European
    interpreted strictly and its application may not                Communities was brought before the Court of First