Case T‑289/11

Deutsche Bahn AG and Others

v

European Commission

(Intervention – Rules on languages – EFTA Surveillance Authority – Confidential treatment)

Summary of the Order

1.      Procedure – Intervention – Persons having an interest – Application for leave to intervene submitted by the EFTA Surveillance Authority in a case concerning the interpretation of Regulation No 1/2003, of the Charter of Fundamental Rights of the European Union and of the European Convention on Human Rights – Admissibility

(Statute of the Court of Justice, Art. 40; Rules of Procedure of the General Court, Art. 115)

2.      Procedure – Rules on languages – Exceptions – Conditions

(Rules of Procedure of the General Court, Art. 35)

1.      Under the third paragraph of Article 40 of the Statute of the Court of Justice, the States, other than the Member States, which are parties to the Agreement on the European Economic Area (EEA), and also the European Free Trade Association Surveillance Authority (EFTA Authority), may, without prejudice to the second paragraph of that article, intervene in cases before the General Court where one of the fields of application of that Agreement is concerned. According to that second paragraph, natural or legal persons, including the EFTA Authority, may intervene in a case before the General Court if they can establish an interest in the result of that case, with the exception of cases between Member States, between EU institutions or between EU institutions and Member States.

In addition, the third paragraph of Article 40 of the Statute states that under some circumstances, apart from those excluded by the second paragraph of that article, the States, other than the Member States, which are parties to the EEA Agreement, and also the EFTA Authority, have a presumed interest in the result of a case, namely where that case concerns one of the fields of application of that Agreement. The EFTA Authority has an interest in intervening in a case which concerns, inter alia, the interpretation of Regulation No 1/2003, of the Charter of Fundamental Rights of the European Union, and of the European Convention on Human Rights.

(see paras 6-7, 9-12)

2.      Under the fifth subparagraph of Article 35(3) of the Rules of Procedure of the General Court, the European Free Trade Association Surveillance Authority may be authorised to use one of the languages mentioned in paragraph 1 of that article, other than the language of the case, when it intervenes in a case before the General Court. That provision is to apply both to written statements and oral addresses.

(see para. 15)