CELEX: 62008TJ0474
Language: en
Date: 2010-10-21 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 21 October 2010.#Dieter C. Umbach v European Commission.#Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a contract concluded under the TACIS programme - Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court - Partial refusal of access - Request for access based on the principles deriving from the EU Treaty - Overriding public interest.#Case T-474/08.

Judgment of the General Court (Seventh Chamber) of 21 October 2010 – Umbach v Commission
      (Case T-474/08)
      Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a contract concluded under the TACIS programme – Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court – Partial refusal of access – Request for access based on the principles deriving from the EU Treaty – Overriding public interest
      1.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Silence or inaction of
            an institution – Assimilation to an implied decision of refusal – Not included – Limits (Art. 230 EC) (see paras 35-36)
      2.                     European Communities – Institutions – Right of public access to documents – Regulation (EC) No 1049/2001 – Exceptions to the
            right of access to documents – Overriding public interest justifying the disclosure of documents – Concept – Individual interest
            of the applicant – Not included (European Parliament and Council Regulation No 1049/2001, Arts 2(1) and 4(2)) (see paras 56,
            58-59, 71)
      Re:
      
         
               APPLICATION for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in
                  documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative
                  code for the Russian Federation.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Dieter C. Umbach to pay the costs.