Notice for the OJ

 

Action brought on 18 March 2002 by Mara Messina against the Commission of the European Communities

    (Case T-76/02)

    Language of the case: Italian

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 18 March 2002 by Mara Messina, represented by Michele Arcangelo Calabrese.

The applicant claims that the Court should:

(annul the Commission's first refusal of access to documents communicated to the applicant by letter of 19 December 2001, prot. D/55293 COMP/G1/PI/cpbD(01)1704 and the second refusal of access pursuant upon the absence of any reply to the applicant's confirmatory application sent to the Secretary-General of the Commission by letter of 14 January 2002;

(order the Commission of the European Communities to pay the costs of these proceedings.

Pleas in law and main arguments

In this action, the applicant challenges the defendant's refusal to grant access to certain documents relating to the State aid regime which was the subject of the Commission's decision of 2 August 2000 concerning measures to promote investment in less-favoured regions of Italy referred to in Law No 488/1992 (State Aid no N 715/99).

In support of that claim, the applicant argues infringement of Article 4(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 documents in that:

(no reply was given within the prescribed time-limit to the confirmatory application concerning the application for access;

(disclosure of the documents requested would in no way harm the public interest in protecting inspections and investigations or court proceedings.

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