General Court 27-03-2014 ECLI:EU:T:2014:182

Data

Court: General Court

Case date: 27 maart 2014

Verdict

Order of the General Court (Seventh Chamber) of 27 March 2014 — Ecologistas en Acción-CODA v Commission

(Case T‑603/11)

"Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the carrying out of an industrial project on a site protected under Directive 92/43/EEC - Documents originating from a Member State - Opposition by the Member State - Refusal of access - Exception relating to the protection of the purpose of inspections, investigations and audits - Exception relating to the protection of court proceedings - Environmental information - Regulation (EC) No 1367/2006 - Action manifestly lacking any foundation in law"

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsDocuments originating from a Member StatePower of the Member State to request the institution not to disclose documentsCompetence of the institutionReview of the merit of the refusal of access having regard to the exceptions set out in that regulationScopeObligation to state reasons (European Parliament and Council Regulation No 1049/2001, Arts 4(1) to (3) and 5, 7 and 8) (see paras 33, 34, 38-44, 47)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsProtection of court proceedingsScope (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 63, 64)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsProtection of court proceedingsOverriding public interest justifying the disclosure of documentsConceptSubjective interest of the person concerned to participate in a national decision-making procedureExclusion (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paras 72, 74-76)

Re:

APPLICATION for annulment of the Commission’s decision of 23 September 2011 refusing to grant the applicant access to certain documents concerning approval of the project to construct a port in Granadilla (Tenerife, Spain), sent by the Spanish authorities to the Commission pursuant to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

Operative part

The action is dismissed.

Ecologistas en Acción-CODA is ordered to bear its own costs and to pay those incurred by the European Commission.

The Kingdom of Spain is ordered to bear its own costs.