Order of the General Court (Seventh Chamber) of 17 June 2010 – Jurašinović v Council

(Case T-359/09)

Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Reports of observers sent by the European Union to the Knin region (Croatia) – Interim measure – Inadmissibility – Implied refusal of access – Interest in bringing proceedings – Explicit decision adopted after the action was brought – No need to adjudicate

1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Preparatory measures – Not included (Art. 230 EC; European Parliament and Council Regulation No 1049/2001, Arts 6 to 8; Council Decision 2006/683, Annex II) (see paras 26-31)

2.                     Actions for annulment – Interest in bringing proceedings – Action brought against an alleged implied rejection decision by the Council concerning an application for access to documents – Express decision taken during the proceedings – No further interest in bringing an action (Art. 230 EC; European Parliament and Council Regulation No 1049/2001, Arts 6 to 8; Council Decision 2006/683, Annex II) (see paras 34-39)

3.                     Actions for annulment – Jurisdiction of the Community judicature – Unlimited jurisdiction – Directions issued to an institution – Not permissible (Art. 230 EC) (see paras 42-44)

Re:

First, application for annulment of the decision of the Council of the European Union of 17 June 2009 refusing the applicant access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’, and for annulment of the implied refusal decision adopted on confirmatory application and, second, application seeking a declaration that the Council be ordered to authorise access, in electronic form, to the documents requested.

Operative part

1.         There is no longer any need to adjudicate on the heads of claim in the action brought by Ivan Jurašinović for annulment of the implied decision of the Council of the European Union rejecting his confirmatory application for access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’.

2.         The remainder of the application is dismissed as inadmissible.

3.         The parties are ordered to bear their own costs.