(Access to documents— Regulation (EC) No1049/2001— Request for access to detailed opinions issued in the course of a notification procedure under Directive 98/34

10By application lodged at the Court Registry on 1September 2015, the applicant brought the present action.

11By order of the President of the Fifth Chamber of the General Court of 15February 2016, the Kingdom of Sweden was granted leave to intervene in support of the applicant and the Republic of Poland was granted leave to intervene in support of the Commission.

12Acting on a proposal from the Judge-Rapporteur, the General Court (Fifth Chamber) decided to open the oral part of the procedure. By order of 13July 2017, the Court ordered the Commission to produce a copy of the documents requested, under Article91(c) of the Rules of Procedure of the General Court, indicating that, in accordance with Article104 of those rules, those documents were not to be communicated to the applicant, the Republic of Sweden or the Republic of Poland. The Commission complied with that order within the prescribed period.

13In the application, the applicant claims that the Court should:

–annul the contested decisions;

–order the Commission to pay the costs.

14In its defence, the Commission contends that the Court should:

–dismiss the action;

–order the applicant to pay the costs.

15In its statement in intervention, the Kingdom of Sweden claims that the Court should annul the contested decisions.

16In its statement in intervention, the Polish Republic contends that the Court should dismiss the action.

17The parties presented oral argument and their replies to the questions put by the Court at the hearing on 28September 2017.

18By document lodged at the Court Registry on 6March 2018, the Commission sought a declaration from the Court that the present action had become devoid of purpose and that there was no need to rule on it, following its decision to grant to the applicant access to the two documents covered by the contested decisions. The Commission also asked the Court to order the applicant to pay the costs.

19By order of 14March 2018, the Court decided to reopen the oral part of the procedure and invited the other parties to submit their observations on the Commission’s application for a decision that there is no need to adjudicate.

20In its observations, the applicant disputes that it has lost all interest in bringing an action.

21In its observations, the Republic of Poland merely states that it is not opposed to the Commission’s request. The Kingdom of Sweden did not submit any observations on the Commission’s application for a decision that there is no need to adjudicate.