7.2.2009 |
EN |
Official Journal of the European Union |
C 32/41 |
Action brought on 14 November 2008 — Ryanair/Commission
(Case T-496/08)
(2009/C 32/80)
Language of the case: English
Parties
Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida, I. Metaxas-Maragkidis, lawyers)
Defendant: Commission of the European Communities
Form of order sought
— |
declare in accordance with Articles 230 and 231 EC that the Commission's implied decision refusing access to the documents for which access was requested by the applicant in an application dated 25 June 2008 is void; |
— |
order the Commission to pay the costs incurred by the applicant in the proceedings; and |
— |
take such further action as the Court may deem appropriate. |
Pleas in law and main arguments
By means of this application the applicant seeks annulment of the Commission implied decision rejecting the applicant's request, pursuant to Regulation No 1049/2001 (1), of the access to documents relating to State aid procedures concerning the presumed State aid granted through an agreement with the operator of Berlin-Schönefeld airport.
The pleas in law and main arguments relied on by the applicant are similar to those relied on in Case T-494/08 Ryanair v Commission.
(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 2001 L 145, p. 43.