Order of the Court (Eighth Chamber) of 29 June 2009 – Nuova Agricast v Commission
(Case C‑225/08 P)
Appeal – Public access to documents of the institutions – Documents originating from a Member State – Objection of the Member State to disclosure of the documents – Refusal of access – New application – Confirmatory measure
1.Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Legal classification of the facts – Admissibility (Art. 225 EC) (see paras 36-37)
2.European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Conditions – Requirement that the institution should examine the documents specifically and individually (European Parliament and Council Regulation No 1049/2001, Art. 4(7)) (see paras 56-60)
Re:
| Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 12 March 2008 in Case T-443/07 | Nuova Agricast | v | Commission | by which that Court dismissed as inadmissible an action for annulment of the Commission’s decision of 5 October 2007 rejecting a request made by the appellant for review of that institution’s earlier refusal to allow it access to certain documents. |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Nuova Agricast Srl is ordered to pay the costs. |