Notice for the OJ

 

Action brought on 6 May 2003 by Nuova Agricast S.r.l. against the Commission of the European Communities

    (Case T-151/03)

    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 6 May 2003 by Nuova Agricast S.r.l., represented by Michele Arcangelo Calabrese, avvocato.

The applicant claims that the Court should:

(Annul the contested measures;

(Order the European Commission to pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are similar to those invoked in Case T-139/03 Nuova Agricast S.r.l. v Commission of the European Communities. ¹

The applicant submits in particular that the refusal adversely affects the rights of defence which it might invoke both against the Italian Government (by challenging the document to which access was requested before the competent Italian court) and against the Commission itself from the point at which, not being aware of the contents of the measure to which access is sought, the applicant is unable to rely on any errors of appraisal which the Commission may have committed in forming the view that it had been properly adopted.

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¹ - (Not yet published in the Official Journal.