Action brought on 18 September 2021 – Basaglia v Commission

(Case T-597/21)

Language of the case: Italian

Parties

Applicant: Giorgio Basaglia (Milan, Italy) (represented by: G. Balossi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

annul European Commission Decision of 27 July 2021 C(2021) 5741 final pursuant to Article 4 of the Implementing Rules to Regulation (EC) No 1049/2001, ¹ the Italian version of which was sent on 23 August 2021.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law.

Single plea in law, alleging that the scope of the initial application had been unilaterally restricted.

The applicant claims, in that regard, that (i) by the judgment of 23 September 2020 delivered in Basaglia v Commission (T-727/19, not published, EU:T:2020:446), the General Court had directed that the decision adopted by the European Commission unilaterally restricting the request for access to documents submitted by the applicant’s legal representative should be annulled; (ii) in particular, the European Commission’s conduct, whereby it had unilaterally limited that representative’s right to access the documents requested, had been declared to be unlawful; and (iii) the Commission’s new decision, adopted following the annulment of the previous decision, did not comply with the judgment of the General Court of 23 September 2020 and constituted another infringement of the applicant’s right to access.

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¹ Commission Decision of 5 December 2001 amending its rules of procedure (OJ 2001 L 345, p. 94).