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18.6.2011 |
EN |
Official Journal of the European Union |
C 179/8 |
Appeal brought on 18 March 2011 by IFAW Internationaler Tierschutz-Fonds gGmbH against the judgment of the General Court (Eighth Chamber) delivered on 13 January 2011 in Case T-362/08: IFAW v European Commission
(Case C-135/11 P)
2011/C 179/14
Language of the case: English
Parties
Appellant: IFAW Internationaler Tierschutz-Fonds gGmbH (represented by: S. Crosby, Advocaat, S. Santoro, Avvocato)
Other parties to the proceedings: European Commission, Kingdom of Denmark, Republic of Finland, Kingdom of Sweden
Form of order sought
The appellant claims that the Court should:
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find that the contested judgment is vitiated by errors of law and to set it aside accordingly; |
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annul the Commission's decision refusing access to the Schröder letter and |
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order the Commission to pay the Appellant's costs in both proceedings pursuant to Article 69 of the Rules of Procedure of the Court of Justice. |
Pleas in law and main arguments
The Appellant contends that the General Court, in the contested judgment, erred in law by:
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not recognizing that the Commission has to conduct a full review of whether the grounds relied upon by the Member State for not disclosing a document fall under one of the exceptions of Article 4 of Regulation 1049/2001 (1) by testing the exceptions against the content of the document; and |
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ruling that it was able in law to conduct a full review of the refusal to disclose without sight of the document in question. |
(1) 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, OJ L 145, p. 43