CELEX: 62008TA0029
Language: en
Date: 2011-09-09 00:00:00
Title: Case T-29/08: Judgment of the General Court of 9 September 2011 — LPN v Commission (Access to documents — Regulation (EC) No 1049/2001 — Refusal of access — Documents concerning proceedings for failure to fulfil obligations concerning a dam project on the river Sabor — Exception concerning the protection of the objectives of inspections, investigations and audits — Environmental information — Regulation (EC) No 1367/2006 — Obligation to carry out a specific and individual examination — Overriding public interest)

22.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/37
            
         Judgment of the General Court of 9 September 2011 — LPN v Commission
   (Case T-29/08) (1)
   
   (Access to documents - Regulation (EC) No 1049/2001 - Refusal of access - Documents concerning proceedings for failure to fulfil obligations concerning a dam project on the river Sabor - Exception concerning the protection of the objectives of inspections, investigations and audits - Environmental information - Regulation (EC) No 1367/2006 - Obligation to carry out a specific and individual examination - Overriding public interest)
   2011/C 311/65
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: Liga para Protecção de Natureza (LPN) (Lisbon, Portugal) (represented by: P. Vinagre e Silva, lawyer)
   
      Defendant: European Commission (represented by: P. Costa de Oliveira and D. Recchia, agents)
   
      Interveners in support of the applicant: Kingdom of Denmark (represented initially by B. Weis Fogh, then by C. Vang, agents); Republic of Finland (represented initially by J. Heliskoski, A. Guimaraes-Purokoski, M. Pere and H. Leppo, then by J. Heliskoski and A. Guimaraes-Purokoski, agents); and Kingdom of Sweden (represented by: A. Falk, S. Johannesson and K. Petkovska, Agents)
   
      Re:
   
   Action for annulment of the Commission decision of 22 November 2007 confirming the refusal to grant access to the documents contained in the file relating to proceedings for failure to fulfil obligations brought against the Portuguese Republic concerning a dam construction project on the river Sabor (Portugal) which could infringe Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action in so far at it relates to documents and parts of documents to which access was refused to the Liga para Protecção de Natureza (LPN) in Commission Decision SG.E.3/MIB/psi D(2008) 8639 of 24 October 2008;
            
         
               2.
            
            
               Rules that there is no further need to adjudicate as to the remainder;
            
         
               3.
            
            
               Orders the LPN to bear its own costs and those incurred by the European Commission;
            
         
               4.
            
            
               Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.
            
         
      (1)  OJ C 79, 29.3.2008.