Action brought on 1st July 2015 — French Republic v European Commission
(Case T-344/15)
Language of the case: French
Parties
Applicant: French Republic (represented by: F. Alabrune, G. de Bergues, D.Colas and F.Fize, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant requests the court to:
annul the decision of the European Commission GESTDEM 2014/6046 of 21 April 2015 concerning the confirmatory application for access pursuant to 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;
order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. First plea in law, alleging infringement of Article 4(5) of Regulation (EC) No 1049/2001, 1 which provides that a Member State may request an institution not to disclose a document originating from that Member State without its prior agreement.
2. Second plea in law, in the alternative, alleging infringement of the obligation to give reasons concerning the non-application of the exception provided at the third indent of Article 4(2) of Regulation (EC) No 1049/2001.
3. Third plea in law, in the further alternative, alleging infringement of the second and third indents of Article 4(2) of Regulation (EC) No 1049/2001. The applicant contends that the Commission could have refused access to the documents sent by the French authorities in accordance with the procedure provided in Directive 98/34/EC, 2 in so far as that procedure would constitute an investigation within the meaning of the article cited above.
____________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).
2 Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p.37).