Language of document :

Action brought on 18 February 2011 - BIA Separations v Commission

(Case T-88/11)

Language of the case: English

Parties

Applicant: BIA Separations d.o.o. (Ljubljana, Slovenia) (represented by: G. Berrisch, lawyer, and N. Chesaites, Barrister)

Defendant: European Commission

Form of order sought

annul the Commission's implicit decision of 10 December 2010 rejecting the applicant's confirmatory application for access to Commission Decision on the Co-operation Agreement between the European Community and the European Investment Bank in respect of the Risk-sharing Finance Facility (C(2008)2181) and the Draft Commission Decision on amending the Co-operation Agreement between the European Community and the European Investment Bank in respect of the Risk-sharing Finance Facility (C(2008)8058);

order the Commission to pay the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law alleging that the Commission violated Article 296 TFEU by failing to respond to the applicant's confirmatory request for access to information within the prescribed time-limit laid down in Article 8(1) and (2) of 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 documents1.

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1 - OJ 2001 L 145, p. 43