Notice for the OJ
Action brought on 8 March 2002 by Masdar (U.K.) Ltd against the Commission of the European Communities
(Case T-68/02)
Language of the case: English
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 March 2002 by Masdar (U.K.) Ltd, represented by Mr Philip Bentley QC and Mr Patrick Green of Rosemary Smith & Co, Crowthorne (United Kingdom).
The applicant claims that the Court should:
listnum "WP List 1" l 1annul the defendant's refusal to grant the applicant access to the documents mentioned in the applicant's request dated 16 October 2001;
listnum "WP List 1" \l 1order the Commission to pay the costs of this application.
Pleas in law and main arguments:
The applicant provides consultancy services in the agricultural sector. The applicant was employed by another company in respect of two programs funded by the Commission's TACIS programme. The applicant brought proceedings against this company before a national Court for the recovery of sums still outstanding. In this respect, the applicant requested access to two audit reports of the Commission established in respect of the contracts in question. This access was refused by the Commission.
The applicant submits that the Commission failed to give reasons for this decision and has not respected the rights of the applicant under Decision 94/90
1. The applicant further claims that the Commission violated the principle of good administration.
____________1 - 94/90/ECSC, EC, Euratom: Commission Decision of 8 February 1994 on public access to Commission documents (OJ L 046 , 18/02/1994, p. 58)