Judgment of the Court of 6 March 2003.
Interporc Im- und Export GmbH v Commission of the European Communities.
C-41/00 P • 62000CJ0041 • ECLI:EU:C:2003:125
- Inbound citations: 114
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- Outbound citations: 4
«(Appeals – Decision 94/90/ECSC, EC, Euratom – Access to documents – Documents held by the Commission and emanating from the Member States or third countries – Authorship rule)»
1.. Appeals – Pleas in law – Mere repetition of the pleas and arguments raised before the Court of First Instance – Inadmissible – Challenge to the interpretation or application of Community law by the Court of First Instance – Admissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
2.. Actions for annulment – Judgment annulling a measure – Effects – Obligation to adopt measures to comply with the judgment – Scope – Decision need not reiterate the grounds given for the contested measure (EC Treaty, Art. 176 (now Art. 233 EC); Commission Decision 94/90)
JUDGMENT OF THE COURT 6 March 2003 (1)
((Appeals – Decision 94/90/ECSC, EC, Euratom – Access to documents – Documents held by the Commission and emanating from the Member States or third countries – Authorship rule))
In Case C-41/00 P,
appellant,
APPEAL against the judgment of the Court of First Instance of the European Communities (First Chamber, Extended Composition) in Case T-92/98
the other party to the proceedings being:
THE COURT,,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, R. Schintgen and C.W.A. Timmermans, Presidents of Chambers, C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur), P. Jann, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,
Advocate General: P. Léger,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 12 March 2002,
gives the following
...
...
...
Admissibility of the appeal
Arguments of the parties
Findings of the Court
Substance
The first plea of an error of law by the Court of First Instance as regards the assessment made by the Commission of the request for access to the file
Arguments of the parties
Findings of the Court
The first part of the second plea alleging that the authorship rule is void on the ground that it breaches a principle of law of a higher order
Arguments of the parties
Findings of the Court
The second part of the second plea, alleging misinterpretation and misapplication in law of the authorship rule
Arguments of the parties
Findings of the Court
The third part of the second plea alleging infringement of the obligation to state reasons
Arguments of the parties
Findings of the Court
On those grounds,
THE COURT
hereby:
Rodríguez Iglesias
Puissochet
Schintgen
Timmermans
Gulmann
Edward
La Pergola
Jann
Colneric
von Bahr
Cunha Rodrigues
Delivered in open court in Luxembourg on 6 March 2003.
R. Grass
G.C. Rodríguez Iglesias
Registrar
President
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