Order of the Court (Fifth Chamber) of 15 February 2012 — Internationaler Hilfsfond v Commission

(Case C‑208/11 P)

Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run

1. Actions for annulment — Actionable measures — Definition — Measures producing binding legal effects — Preparatory measures — Not included — Position originally adopted in the procedure for access for the public to Commission documents — Preparatory act (Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001) (see paras 29-30)

2. Appeals — Grounds — Inadmissibility of the action before the General Court — Ground involving a question of public policy — Considered of the Court’s own motion (see para. 34)

3. Appeals — Pleas in law — Grounds of a judgment vitiated by an infringement of Union law — Operative part sound on other legal grounds — Rejection (see para. 35)

Re:

Operative part

1.The appeal is dismissed.

2.Internationaler Hilfsfonds eV is ordered to pay the costs.