Order of the General Court of 13 November 2012 - ClientEarth and Others v European Commission

(Case T-278/11) 

(Actions for annulment - Access to documents - Regulation (EC) No 1049/2001 - Implied refusal of access - Period allowed for commencing proceedings - Delay - Manifest inadmissibility)

Language of the case: English

Parties

Applicants: ClientEarth (London, United Kingdom); Friends of the Earth Europe (Amsterdam, Netherlands); Stichting FERN (Leiden, Netherlands); and Stichting Corporate Europe Observatory (Amsterdam) (represented by: P. Kirch, lawyer)

Defendant: European Commission (represented by: K. Herrmann and C. ten Dam, acting as Agents)

Re:

Application for annulment of the Commission's implied decision of 22 April 2011 refusing access to certain documents relating to the voluntary certification schemes for seeking recognition from the Commission under Article 18 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16).

Operative part of the order

1.    The action is dismissed as manifestly inadmissible.

2.    The European Commission is ordered to bear its own costs and to pay three quarters of the costs of ClientEarth, Friends of the Earth Europe, Stichting FERN and Corporate Europe Observatory, which shall bear one quarter of their own costs.

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¹ - OJ C 219, 23.7.2011.