CELEX: 62007TN0417
Language: en
Date: 2007-11-16 00:00:00
Title: Case T-417/07: Action brought on 16 November 2007 — Lodato Gennaro & C. v Commission

12.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 8/26
            
         Action brought on 16 November 2007 — Lodato Gennaro & C. v Commission
   (Case T-417/07)
   (2008/C 8/47)
   Language of the case: Italian
   Parties
   
      Applicant: Lodato Gennaro & C. Spa (Castel San Giorgio, Italy) (represented by: M.A. Calabrese, lawyer)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
               —
            
            
               Order the annulment of Commission Decision SG/E/3/MIB/frw D(2007) 8690 of 8 October 2007;
            
         
               —
            
            
               Order the Commission to pay the costs.
            
         Pleas in law and main arguments
   The action is brought against the Commission decision of 8 October 2007, which refused access to certain documents sent to the Commission by the Italian Government in the context of a preliminary examination of State aid, Cases No 701/98 and 824/01, with reference to the opposition to disclosure expressed by the Italian Government following its consultation by Commission staff.
   In support of its claims, the applicant alleges infringement and misapplication of Article 4(5) of 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 (1). It claims in this regard that the Commission erred in its interpretation of that provision, by granting Member States the power to prohibit the disclosure of documents originating from the Member State and held by Community institutions.
   
      (1)  OJ L 145, 31.5.2001, p. 43.