Order of the Court of First Instance (Second Chamber) of 11 December 2006 – Weber v Commission

(Case T-290/05)

Access to documents of the Community institutions – Refusal – Application initiating proceedings – Manifest inadmissibility – No need to adjudicate

1.                     Actions for annulment – Jurisdiction of the Community judicature – Direction issued to an institution – Not permissible (Art. 230 EC) (see para. 20)

2.                     Procedure – Application initiating proceedings – Reformulation of the initial pleadings – Conditions (see para. 22)

3.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see para. 29)

Re:

ACTION brought against the decision of the Secretariat-General of the Commission of 27 May 2005, rejecting the request for access by the applicant to a letter sent by the Directorate General for Competition to the Federal German Government concerning State aid proceedings.

Operative part

The Court:

1. Dismisses the action as manifestly inadmissible;

2. Orders the applicant to bear its own costs and those incurred by the Commission.