Action brought on 9 September 2008 - Kingdom of the Netherlands v Commission of the European Communities

(Case T-380/08)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: C. Wissels and M. de Mol, acting as Agents)

Defendant: Commission of the European Communities

Form of order sought

Annul the Commission's Decision of 30 June 2008 under reference SG.E3/MV/psi D(2008)5364;

order the Commission to pay the costs.

Pleas in law and main arguments

By the decision of 13 December 2006 in Case COMP/38.456 - Bitumen (Netherlands) ¹ the Commission imposed fines on a large number of undertakings, suppliers and purchasers of road pavement bitumen for infringements of Article 81 EC. The Commission did not publish all particulars in that decision. Various legal persons, public and private, including the applicant, have suffered serious losses as a result of the undertakings' actions. As knowledge of that information would be extremely useful in order to recover those losses, the applicant applied under Article 6(1) of Regulation No 1049/2001 ² for access to the complete, uncensored version of the decision of 13 September 2006. By decision of 30 June 2008, the Commission rejected that application.

In support of its application the applicant submits that the contested decision is contrary to the right of access referred to in Article 255 EC, read in conjunction with Articles 1 and 4 of Regulation No 1049/2001.

Secondly, the applicant submits that the Commission should have provided partial access, as referred to in Article 4(6) of Regulation No 1049/2001.

Thirdly, the contested decision is contrary to the principle of proportionality.

Fourthly, the contested decision infringes Article 253 EC, as its statement of reasons is defective.

Fifthly, the contested decision is contrary to Article 10 EC, read in conjunction with the principle of proportionality.

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¹ - Commission Decision 2007/534/EC of 13 September 2006 relating to a proceeding under Article 81 of the Treaty establishing the European Community (Case No COMP/F/38.456 - Bitumen (NL)) (notified under document number C(2006) 4090) (OJ 2007 L 196, p.40).

² - Regulation (EC) No 1049/2001 of the European Parliament and of the Councilof 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, p. 43).