Action brought on 1 February 2010 - Internationaler Hilfsfonds v Commission
(Case T-36/10)
Language of the case: German
Parties
Applicant: Internationaler Hilfsfonds e.V. (Rosbach, Germany) (represented by: H. Kaltenecker, lawyer)
Defendant: European Commission
Form of order sought
Annul the Commission's decisions of 9 October 2009 and 1 December 2009 in so far as the applicant is thereby refused access to the documents which have not been released;
order the defendant to pay the costs of the proceedings and those of the applicant.
Pleas in law and main arguments
The applicant objects to the Commission's decision of 9 October 2009 by which its application for access to the undisclosed documents on the file concerning the LIEN 97-2011 contract was refused in part, and to the Commission's letter of 1 December 2009 informing the applicant that a decision on the applicant's second application for access to the file of the LIEN 97-2011 contract could not be taken within the period prescribed.
In support of its application the applicant submits, in essence, that the Commission was not entitled to deny the applicant access to the documents applied for on the basis of the exceptions laid down under Article 4(3) and (4) of Regulation (EC) No 1049/2001.
1 The applicant further submits in that regard that there is an overriding public interest in the release of the documents which have not yet been made available.