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Action brought on 26 June 2010 - Martin v Commission

(Case T-291/10)

Language of the case: English

Parties

Applicants: Anne Martin (Brussels, Belgium), (represented by: U. O'Dwyer, Solicitor)

Defendant: European Commission

Form of order sought

Annul the implied Decision of the Commission of 20 April 2010 to refuse confirmatory access to the applicant's 4 March 2010 request for access to documents;

Order for the Commission to comply with Regulation (EC) No 1049/2001¹ of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents within the time-limits as deemed appropriate by the Court; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

By means of the present application, the applicant seeks, pursuant to Article 263 TFUE, the annulment of the implied Decision of the Commission of 20 April 2010, whereby the latter failed to respond to the applicant's confirmatory access to documents application to the Secretariat General of the Commission under Article 7(2) of Regulation 1049/2001 re-stating her original access to documents request of 22 December 2009 by the deadline of 20 April 2010.

In support of his appeal, the applicant submits the following pleas in law:

The failure of the Commission to take a decision by the time limit of 20 April 2010 imposed on it by Regulation 1049/2001 constitutes an implied refusal of the confirmatory access to document request of 4 March 2010 of the Applicant and is in breach of Article 8(1) of the said regulation and Article 296 TFEU for failing to state adequate reasons for the refusal.

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¹ - 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 (OJ 2001 L 145, p. 43).