Judgment of the General Court (Seventh Chamber) of 21 October 2010 – Umbach v Commission

(Case T-474/08)

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a contract concluded under the TACIS programme – Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court – Partial refusal of access – Request for access based on the principles deriving from the EU Treaty – Overriding public interest

1.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Silence or inaction of an institution – Assimilation to an implied decision of refusal – Not included – Limits (Art. 230 EC) (see paras 35-36)

2.                     European Communities – Institutions – Right of public access to documents – Regulation (EC) No 1049/2001 – Exceptions to the right of access to documents – Overriding public interest justifying the disclosure of documents – Concept – Individual interest of the applicant – Not included (European Parliament and Council Regulation No 1049/2001, Arts 2(1) and 4(2)) (see paras 56, 58-59, 71)

Re:

APPLICATION for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative code for the Russian Federation.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Dieter C. Umbach to pay the costs.