Notice for the OJ

 

Action brought on 28 February 2003 by Maurizio Turco against the Council of the European Union

    (Case T-84/03)

    Language of the case: English

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 28 February 2003 by Maurizio Turco, Pulsano, Italy, represented by Mr O. W. Brouwer and Mr Thomas Janssens, Lawyers.

The applicant claims that the Court should:

- annul the decision of the defendant refusing the applicant access to certain legislative proposals containing the identity of Member States´ positions, and to a legal opinion drawn up by the Council´s Legal Service.

listnum "WP List 1" \l 1order the Council to pay the applicant's costs.

Pleas in law and main arguments:

The applicant is an Italian Member of the European Parliament. On 22 October 2002 the applicant submitted a request to the defendant requesting access to the documents appearing on the agenda of the 2455th meeting of the Council (Justice and Home Affairs) which took place in Luxembourg on 14 and 15 October 2002. In its reply, dated 5 November 2002, the defendant indicated that full access could be granted to most of the documents requested by the applicant. However, with regard to three legislative proposals, the defendant indicated that the applicant could be granted only partial access, and in particular that access could not be granted to those parts of the proposals identifying the positions taken by the national delegations on the subject matters under discussion. The defendant further refused to grant access to a fourth document which contained a legal opinion of the defendant's legal service.

In support of his application the applicant submits the following contentions:

listnum "WP List 2" \l 1By refusing access to the documents mentioned above, the defendant violated Articles 4, paragraphs 2 and 3 of Regulation EC/1049/2001¹ as well as the principle of proportionality.

listnum "WP List 2" \l 1the defendant violated Article 253 EC and Article 7, paragraphs 1 and 2 of Regulation EC/1049/2001 in that it failed to provide sufficient reasons for its Decision

listnum "WP List 2" \l 1the defendant violated citizens' fundamental political and civil rights as guaranteed by international and European conventions and the European Union treaties, in particular Article 6 EU, by censoring Member States' positions when acting as a legislator.

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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 L 145 of 31 May 2001, p. 43)