Order of the General Court (Third Chamber) of 3 June 2010 – Z v Commission

(Case T-173/09)

Access to documents – Inadmissibility – Injunction

Actions for annulment – Jurisdiction of the Community judicature – Claim seeking that directions be issued to an institution – Inadmissibility (Art. 230 EC) (see paras 29-32)

Re:

APPLICATION that the Commission be required, first, to indicate to the applicant, by granting it access to the file of the procedure in Case COMP/39.406 (Marine hoses) and in particular by making available a copy of the Commission’s decision of 28 January 2009 imposing a fine, if the applicant is mentioned by name in that decision and, if so, to state the context in which its name is mentioned, second, to remove, in a manner to be specified after the granting of access to the file, the mention of its name in the Commission's decision of 28 January 2009 and, third, not to mention it by name and refrain from making any reference to its name in the non-confidential version of the decision of 28 January 2009.

Operative part

1. The action is dismissed as inadmissible.

2. Z is ordered to pay the costs, including those of the procedure for interim measures.