Notice for the OJ
SEQ CHAPTER \h \r 1Action brought on 30 June 2004 by World Wide Fund for Nature European Policy Programme against the Council of the European Union
(Case T-264/04)
Language of the case: English
An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 30 June 2004 by World Wide Fund for Nature European Policy Programme, Brussels, Belguim, represented by Ms R.Haynes, Barrister.
The applicant claims that the Court should:
- Annul the contested decision of the Council, of 30 April 2004, maintaining the Council's refusal to disclose the document it had identified as relevant to the applicant's request.
Pleas in law and main arguments:
By a letter dated 23 February 2004 the applicant applied to the Council in accordance with Article 6 of Regulation 1049/20011Official Journal L 145 , 31/05/2001 P. 43 - 48 and sought information with respect to an item entitled "WTO-Sustainability and Trade after Cancun" on the agenda of the "Article 133 EC" Committee for a meeting of its Deputy Members on 19 December 2003. By letter of 17 March 2004 the Council indicated that, in relation to the applicant's application, it had identified a note of the Commission covering a wide range of issues concerning the follow-up to the Cancun conference which, however, it declined to disclose on the basis that disclosure would undermine the European Union's commercial interests and would be prejudicial to economic relationships with third countries. It further informed the applicant that no minutes of meetings of the Deputy Members of the Committee were drawn up.
The applicant made a confirmatory application in accordance with Article 7 paragraph 2 of Regulation 1049/2001 on 5 April 2004. By the contested decision the Council maintained its refusal on the grounds it had already indicated.
In support of its application to annul the contested decision the applicant contends that the Council has erred in its assessment of the sensitivity of the relevant information, has failed to provide adequate reasons for its refusal and has failed to apply properly the principle of proportionality in assessing the possibility of partial disclosure.
____________1 - Regulation (EC) No 049/200 of the European Parliament and of the Council of 30 May 200 regarding public access to European Parliament, Council and Commission documents