Judgment of the Court of First Instance of 18 December 2008 - Muñiz v Commission
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a meeting of the Working Group of the 'Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)' of the Customs Code Committee - Refusal of access - Exception relating to the protection of the decision-making process)
Language of the case: English
Parties
Applicant: Pablo Muñiz (Brussels, Belgium) (represented: initially by B. Dehandschutter, and subsequently by L. Defalque, lawyers)
Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and I. Chatzigiannis, Agents)
Re:
Application for annulment of the Commission's decision of 3 February 2005 refusing to grant access to certain documents relating to the September 2004 meeting of the Working Group of the 'Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)' of the Customs Code Committee.
Operative part of the judgment
The Court:
Annuls the Commission's decision of 3 February 2005 inasmuch as it refused access to documents, 'TAXUD/1369/2003' relating to home cinema, 'TAXUD/974/2004' relating to vehicles for dual use, 'TAXUD/1342/2003', 'TAXUD/2465/2004' and 'TAXUD/2495/2004' relating to power supply units, 'XXI/770/1998' relating to incomplete ADP machines, and to the minutes of the September 2004 meeting of the Working Group of the 'Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)' of the Customs Code Committee (document 'TAXUD/3010/2004 - Annex V');
Declares that there is no need to adjudicate on the remainder of the action;
Orders the Commission to pay the costs incurred by Mr Pablo Muñiz.
____________1 - OJ C 132, 28.5.2005.