Order of the General Court of 12 September 2018 — RE v Commission

(Case T-257/17) (1)

(Action for annulment and damages - Access to documents - Regulation (EC) No 1049/2001 - Implied refusal of access - No need to adjudicate - Explicit refusal of access - Modification of the form of order - Article 86(4)(a) and (b) of the Rules of Procedure - Article 76(d) of the Rules of Procedure - Inadmissibility)

(2018/C 427/90)

Language of the case: English

Parties

Applicant: RE (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: A. Buchet and C. Ehrbar, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of an implied decision of the European Commission rejecting the confirmatory application of the applicant of 20 January 2017 for access to documents and decision C(2017) 3718 final of the Secretary General of the Commission of 24 May 2017, in so far as it refuses access to a note concerning the applicant’s recruitment, and, second, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered as a result of the refusal of access to those documents and of the delay in examining the application for access to the said documents.

Operative part of the order

1.	There is no longer any need to adjudicate on the claim for annulment of the implied decision of the European Commission rejecting the confirmatory application of RE of 20 January 2017 for access to documents.

2.	The action is dismissed for the remainder.

3.	Each party shall bear its own costs.

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(1)  OJ C 221, 10.7.2017.