Order of the General Court (Fifth Chamber) of 27 November 2012 — Steinberg v Commission
(Case T-17/10)
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to funding decisions for grants to Israeli and Palestinian non-governmental organisations under the ‘Partnership for Peace’ programme and the European Instrument for Democracy and Human Rights — Partial refusal of access — Exception relating to the protection of the public interest as regards public security — Duty to state reasons — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
1. Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Access to documents — Inadmissibility (Art. 263 TFEU) (see para. 44)
2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 47, 48)
3. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Strict interpretation and application — Requirement that the institution should examine the documents specifically and individually — Scope (European Parliament and Council Regulation No 1049/2001, Art. 4(2), (3) and (6)) (see paras 53-55)
4. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the public interest — Judicial review — Scope — Limits (European Parliament and Council Regulation No 1049/2001, Art. 4(1)(a), first indent) (see paras 62-64)
5. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Duty to state reasons — Scope (Art. 296 TFEU; European Parliament and Council Regulation 1049/2001, Art. 4) (see paras 66, 67)
6. EU institutions — Right of public access to documents — Regulation No 1049/2001 — Period prescribed for responding to an application for access to documents — Extension allowed only once — No decision at the end of the extended period — Arising of a challengeable express rejection decision (European Parliament and Council Regulation 1049/2001, Art. 8) (see para. 99)
Re:
| APPLICATION for annulment of Commission Decision SG.E.3/MV/psi D(2009) 3914 of 15 May 2009, partially refusing the applicant access to certain documents relating to funding decisions for grants to Israeli and Palestinian non-governmental organisations under the ‘Partnership for Peace’ programme and the European Instrument for Democracy and Human Rights (EIDHR). |
Operative part
1. | | The action is dismissed as, in part, manifestly inadmissible and, in part, manifestly lacking any foundation in law. |
2. | | Mr Gerald Steinberg is ordered to bear his own costs and pay those incurred by the European Commission. |