Judgment of the Court (Tenth Chamber) of 30 November 2023 – ‘Sistem ecologica’ production, trade and services d.o.o. Srbac v European Commission
(Case C-787/22 P) 1
(Appeal – Investigation by the European Anti-Fraud Office (OLAF) – OLAF Communication to national customs authorities – OLAF investigation report – Access to the OLAF file – Regulation (EU, Euratom) No 883/2013 – Regulation (EC) No 1049/2001 – Action for annulment – Admissibility – Actions for damages – Unlawfulness of the conduct alleged)
Language of the case: English
Parties
Appellant: ‘Sistem ecologica’ production, trade and services d.o.o. Srbac (represented by: D. Diris and D. Rjabynina, advocaten)
Other party to the proceedings: European Commission (represented by: J. Baquero Cruz, F. Blanc and T. Materne, acting as Agents)
Operative part of the judgment
The Court:
1. Annuls the judgment of the General Court of the European Union of 19 October 2022, Sistem ecologica v Commission (T-81/21, EU:T:2022:641), in so far as the General Court dismissed as inadmissible the action brought by ‘Sistem ecologica’ production, trade and services d.o.o. Srbac, inasmuch as that action sought annulment of the letter of the European Anti-Fraud Office (OLAF) of 25 November 2020 refusing to grant ‘Sistem ecologica’ production, trade and services d.o.o. Srbac access to certain documents on OLAF’s file, and in so far as the General Court ruled on the costs relating to that part of that action;
2. Dismisses the appeal as to the remainder;
3. Dismisses the application for annulment of OLAF’s letter of 25 November 2020 refusing to grant ‘Sistem ecologica’ production, trade and services d.o.o. Srbac access to certain documents on OLAF’s file;
4. Orders ‘Sistem ecologica’ production, trade and services d.o.o. Srbac to pay the costs incurred in the proceedings at first instance relating to the part of the action seeking annulment of OLAF’s letter of 25 November 2020 refusing to grant ‘Sistem ecologica’ production, trade and services d.o.o. Srbac access to certain documents on OLAF’s file; orders ‘Sistem ecologica’ production, trade and services d.o.o. Srbac to bear its own costs relating to the present appeal.
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1 OJ C 63, 20.2.2023.