Order of the Court of First Instance (Third Chamber) of 7 September 2009 – LPN v Commission

(Case T-186/08)

Action for annulment and damages – Environment – Directive 92/43/EEC – Decision to take no further action on a complaint – Failure to bring an action for failure to fulfil obligations – Access to documents – Regulation (EC) No 1049/2001 – Manifest inadmissibility – No need to adjudicate

1.                     Actions for annulment – Actionable measures (Arts 226 EC, 228 EC and 230 EC) (see paras 49-51)

2.                     Actions for annulment – Interest in bringing proceedings (see paras 58-59)

3.                     Non-contractual liability – Conditions (Arts 226 EC and 288, second para., EC) (see paras 65-66)

Re:

APPLICATION for annulment of (i) the decision of the Commission of 28 February 2008, as referred to in the Commission’s letter of 3 April 2008, addressed to the applicant under reference ENV.A.2/MAS/mm/D (2008) 5542, by which the Commission declared its intention to take no further action on the applicant’s complaint regarding the alleged incompatibility of construction of a dam on the River Sabor (Portugal) with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) (complaint No 2003/4523 – ‘Baixa Sabor’ dam project) and (ii) an alleged implied decision of the Commission refusing to grant the applicant access to certain documents, and an application for compensation.

Operative part

1. There is no longer any need to adjudicate on the action in so far as it seeks the annulment of an alleged implied decision refusing access to documents under Article 8(3) 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 documents.

2. The remainder of the action is dismissed as manifestly inadmissible.

3. The Liga para a Protecção da Natureza (LPN) is ordered to bear its own costs and to pay those incurred by the Commission of the European Communities.

4. The Portuguese Republic is ordered to bear its own costs.