Action brought on 24 August 2009 - Colegio Oficial de Farmacéuticos de Valencia v Commission

(Case T-337/09)

Language of the case: Spanish

Parties

Applicant: Colegio Oficial de Farmacéuticos de Valencia (Valencia, Spain) (represented by: E. Navarro Varona, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul, under Articles 230 and 231 EC, the Commission decision of 15 June 2009 partly denying access to information requested by the applicant by means of its initial application of 23 October 2008 and its confirmatory application of 19 January 2009.

order the Commission to pay the costs incurred by the applicant.

Pleas in law and main arguments

This action is brought against the decision of the Commission of the European Communities partly refusing access to certain documents drawn up by the consultants ECORYS Nederland BV for the preparation of the report titled 'Study of regulatory restrictions in the field of pharmacies' of 22 June 2007 for the defendant's Directorate General Internal Market and Services.

In support of its claims, the applicant alleges infringement of Article 4(2) and Article 8 of 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.¹

The applicant claims that the contested decision:

−    does not contain an adequate statement of reasons.

−    errs in its assessment of the exception relating to the commercial interests of a legal person, including intellectual property.

−    contains a manifest error of reasoning, by not taking into account that there is an overriding public interest.

−    Fails to comply with the prescribed periods for replying to the confirmatory application for access to the documents.

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¹ - OJ L 145 of 31.5.2001, p. 43