CELEX: C2002/109/127
Language: en
Date: 2002-05-04 00:00:00
Title: Case T-76/02: Action brought on 18 March 2002 by Mara Messina against the Commission of the European Communities

C 109/68             EN                       Official Journal of the European Communities                                      4.5.2002
     ments of public education. Such one-sided funding                   The applicant claims that the Court should:
     distorts competition and affects trade between the Mem-
     ber States.                                                         —     annul the Commission’s first refusal of access to docu-
                                                                               ments communicated to the applicant by letter of
—    Infringement of the principle of equality under Article 12                19       December        2001,        prot.      D/55293
     EC: exclusive funding of public bodies dispensing occu-                   COMP/G1/PI/cpbD(01)1704 and the second refusal of
     pational and technical education introduces unlawful                      access pursuant upon the absence of any reply to the
     discrimination against the private bodies dispensing occu-                applicant’s confirmatory application sent to the Secretary-
     pational training, inasmuch as that discrimination is not                 General of the Commission by letter of 14 January 2002;
     necessitated by any overriding public interest.                     —     order the Commission of the European Communities to
                                                                               pay the costs of these proceedings.
—    Infringement of the principle of subsidiarity.
                                                                         Pleas in law and main arguments
                                                                         In this action, the applicant challenges the defendant’s refusal
                                                                         to grant access to certain documents relating to the State aid
                                                                         regime which was the subject of the Commission’s decision of
Action brought on 18 March 2002 by Mara Messina                          2 August 2000 concerning measures to promote investment
  against the Commission of the European Communities                     in less-favoured regions of Italy referred to in Law
                                                                         No 488/1992 (State Aid no N 715/99).
                        (Case T-76/02)                                   —     In support of that claim, the applicant argues infringe-
                                                                               ment of Article 4(2) of Regulation (EC) No 1049/2001 of
                      (2002/C 109/127)                                         the European Parliament and of the Council of 30 May
                                                                               2001 regarding public access to European Parliament,
                                                                               Council and Commission documents in that:
                  (Language of the case: Italian)
                                                                         —     no reply was given within the prescribed time-limit to the
                                                                               confirmatory application concerning the application for
                                                                               access;
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               —     disclosure of the documents requested would in no way
European Communities on 18 March 2002 by Mara Messina,                         harm the public interest in protecting inspections and
represented by Michele Arcangelo Calabrese.                                    investigations or court proceedings.