8.3.2008   

EN

Official Journal of the European Union

C 64/54


Action brought on 2 January 2008 — Coedo Suárez v Council

(Case T-3/08)

(2008/C 64/87)

Language of the case: French

Parties

Applicant: Angel Coedo Suárez (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

Form of order sought

declare this application admissible;

annul the Council's decision of 30 October 2007 in so far it refuses to grant the applicant the access sought to several Council documents relating to, and arising from, an incident between the applicant and one of his colleagues on 19 February 2004 (minutes of internal meetings, investigation findings and a report of the security service);

order the defendant to pay the costs.

Pleas in law and main arguments

By this action, the applicant seeks the annulment of the decision of 30 October 2007, adopted by DG F of the General Secretariat of the Council of the European Union, rejecting his formal request for access to documents relating to an incident between the applicant and one of his colleagues.

In support of his action, the applicant relies on two pleas.

The first plea alleges infringement of Article 4(1)(b) of Regulation No 1049/2001 (1) and infringement of the obligation to state reasons for applying that provision.

The second plea alleges infringement of Article 5 of Regulation No 45/2001 (2) and a manifest error in the application of that regulation.


(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).

(2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1)