Order of the Court (First Chamber) of 10 November 2011 – Agapiou Joséphidès v Commission and EACEA
(Case C-626/10 P)
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(1)(b) and (2), first indent – Protection of private life and integrity of the individual – Protection of commercial interests – Regulation (EC) No 58/2003 – Executive agencies – Competence to handle confirmatory requests regarding applications for access to documents – Principle of transparency – ‘Overriding public interest’ – Errors of law
1.Appeals – Pleas in law – Necessity of a specific challenge to a point in the General Court’s reasoning (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see para. 60)
2.Procedure – Statement of reasons for judgments – Scope (see para. 87)
3.Appeals – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 107)
4.Actions for annulment – Time-limits – Point from which time starts to run – Measure not notified to the applicant – Duty to request the whole text of the decision within a reasonable time once aware of its existence (Art. 230, fifth para, EC) (see paras 127, 131)
Re:
| Appeal brought against the judgment of the General Court (Seventh Chamber) of 21 October 2010 in Case T‑439/08 | Agapiou Joséphidès v Commission and EACEA | , by which that court dismissed the action brought by the applicant seeking annulment, first, of the decision of EACEA of 1 August 2008 relating to an application for access to documents concerning the allocation of a Jean Monnet centre of excellence to the University of Cyprus and, second, of Commission Decision C(2007) 3749 of 8 August 2007 relating to an individual decision to allocate subsidies in the context of the lifelong learning programme, a Jean Monnet sub-programme – Infringement of the right of access to documents and of the principle of transparency – Errors of law. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Ms Agapiou Joséphidès is ordered to pay the costs. |