Judgment of the General Court of 19 January 2010 - Co-Frutta v Commission

(Joined Cases T-355/04 and T-446/04) ¹

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the Community market for imports of bananas - Implied refusal of access followed by express refusal - Actions for annulment - Admissibility - Exception relating to protection of the commercial interests of third parties - Compliance with time-limits - Prior consent of the Member State - Obligation to state reasons)

Language of the case: Italian

Parties

Applicant: Co-Frutta Soc. coop. (Padua, Italy) (represented by: W. Viscardini and G. Donà, lawyers)

Defendant: European Commission (represented by: L. Visaggio and P. Aalto, initially, and P. Aalto and L. Prete, subsequently, acting as Agents)

Re:

Action in Case T-355/04 for annulment of (i) the decision of the Commission of 28 April 2004 rejecting an initial application for access to information concerning operators registered in the Community as importers of bananas and (ii) the implied decision of the Commission rejecting the confirmatory access application and action in Case T-446/04 for annulment of the express decision of the Commission of 10 August 2004 refusing access to the information

Operative part of the judgment

The Court:

Declares that there is no need to adjudicate on the action in Case T-355/04;

Dismisses the action in Case T-446/04;

Orders Co-Frutta Soc. coop. to pay the costs.

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¹ - OJ C 262, 23.10.2004.