CELEX: C2005/217/100
Language: en
Date: 2005-09-03 00:00:00
Title: Case T-233/05: Action brought on 23 June 2005 by Nomura Principal Investment Plc and Nomura International Plc against the Commission of the European Communities

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/46
            
         Action brought on 23 June 2005 by Nomura Principal Investment Plc and Nomura International Plc against the Commission of the European Communities
   (Case T-233/05)
   (2005/C 217/100)
   Language of the case: English
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 23 June 2005 by Nomura Principal Investment Plc and Nomura International Plc, established in London (United Kingdom), represented by C.-D. Ehlermann, F. Louis, A. Vallery and G. Axel Gutermuth, lawyers.
   The applicant claims that the Court should:
   
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               annul the Commission Decision D(2005) 3507 of 13 April 2005 in its entirety;
            
         
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               order the Commission to bear the costs.
            
         Pleas in law and main arguments
   The Commission has, in the contested decision, confirmed its refusal to grant the applicants access to a copy of the non-confidential version of all documents collected during the proceedings and investigations leading to the adoption of the Commission's decision of 14 July 2004 in State Aid case No. CZ 46/2003 — Czech Republic — Investicní a postovní banka, a.s. (IPB)/Ceskoslovenská obchodní banka, a.s. (CSOB).
   The applicants submit that the Commission wrongly applied the exception in Article 4(2), third indent, of Regulation 1049/2001 (1) to all the documents in question and that the Commission, amongst other things, failed to carry out an individual assessment of the content of the documents.
   With regard to the documents originating from the Czech authorities and the Commission's internal documents, the applicants claim that the Commission misapplied the exceptions laid down in Article 4(3), second subparagraph, and Article 4(5) of the Regulation.
   The applicants moreover submit that the Commission erred in refusing to grant partial access to the requested documents under Article 4(6) of the Regulation and that the Commission failed to provide sufficient reasoning in accordance with Article 253 EC.
   Finally, the applicants are of the opinion that the exceptions in Article 4(2), third indent, and Article 4(3), second subparagraph, of the Regulation should be set aside and that access to the documents should be granted for the benefit of the overriding public interest in the protection of the integrity of the European Union's State aid and enlargement policies.
   
      (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).