Order of the Court (Fourth Chamber) of 24 November 2009 – Landtag Schleswig-Holstein v Commission
(Case C‑281/08 P)
Appeal – Action for annulment – Access to documents – Capacity of a regional parliament to be a party to legal proceedings
1.Appeals – Grounds – Breach of the principle audi alteram partem – Order ruling on the objection to admissibility without oral argument having been heard – Defendant having submitted observations on that objection – Ground of appeal manifestly unfounded (Rules of Procedure of the Court of First Instance, Art. 114(1)) (see paras 15-19)
2.Appeals – Grounds – Error of law – Order ruling on the appellant’s capacity to bring legal proceedings in the light of its national law – Determination necessary in the case of actions brought by infrastate territorial bodies – Ground of appeal manifestly unfounded (Art. 230 EC) (see paras 22-26)
Re:
| Appeal brought against the order of the Court of First Instance (Second Chamber) of 3 April 2008 in Case T‑236/06 | Landtag Schleswig‑Holstein | v | Commission | , by which the Court rejected as inadmissible an application for annulment of the Commission’s decisions of 10 March and 23 June 2006 refusing to grant the applicant access to the document SEC (2005) 420, of 22 March 2005 containing a legal analysis of a draft framework decision, under discussion in the Council, on the retention of data processed and stored in relation to the provision of publicly available electronic communications services or of data transmitted by means of the public communications networks, for purposes of the prevention, investigation, detection and prosecution of crime and criminal offences, including terrorism – Capacity of a regional parliament to be a party to legal proceedings – Right to be heard before a court – Definition of ‘legal person’ in the fourth paragraph of Article 230 EC. |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders the Landtag Schleswig‑Holstein to pay the costs. |