CELEX: C2005/082/60
Language: en
Date: 2005-04-02 00:00:00
Title: Case T-5/05: Action brought on 10 January 2005 by V.I.C. Verband der Internationalen Caterer in Deutschland e.V. against the Commission of the European Communities

2.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/32
            
         Action brought on 10 January 2005 by V.I.C. Verband der Internationalen Caterer in Deutschland e.V. against the Commission of the European Communities
   (Case T-5/05)
   (2005/C 82/60)
   Language of the case: German
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 January 2005 by V.I.C. Verband der Internationalen Caterer in Deutschland e.V., represented by K. Kühne, lawyer.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the refusal, notified by letter of 11 November 2004, of access to the request of the German authorities, sent to the Commission on 12 May 1978, for authorisation to introduce derogating measures;
            
         
               2.
            
            
               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   In the contested letter, the Commission rejected, pursuant to Article 4(5) and (6) of the Regulation on Access to Documents, (1) a request from the applicant to consult the file concerning the request of the Federal Republic of Germany for authorisation to introduce special derogating measures pursuant to Article 27 of the Sixth VAT Directive. (2)
   
   The applicant claims that the refusal of access to the request constitutes a de facto denial of legal protection vis-à-vis the applicant, because the dismissal of the applicant's appeal in the main proceedings is based on the requested document. The applicant further claims that the refusal to grant access infringes the Regulation on Access to Documents.
   The applicant argues that the refusal of access and, as the case may be, Article 4(5) of the Regulation on Access to Documents infringe Article 1 EU and Articles 21 EC, 207 EC, 253 EC and 255 EC because essentially no reasons are given for the withholding of agreement to disclosure of the requested document.
   
      (1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001regarding public access to European Parliament, Council and Commission documents (OJ L 145, p. 43).
   
      (2)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (OJ L 145, p. 1).