Comunicazioni sulla GU nº T-255/20 of Tribunal General de la Unión Europea, July 10, 2020
Resolution Date | July 10, 2020 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-255/20 |
Ricorso proposto il 4 maggio 2020 - ClientEarth / Commissione
(Causa T-255/20)
Lingua processuale: l’inglese
Parti
Ricorrente: ClientEarth AISBL (Bruxelles, Belgio) (rappresentanti: F. Logue, Solicitor, e J.Kenny, Barrister-at-law)
Convenuta: Commissione europea
Conclusioni
La ricorrente chiede che il Tribunale voglia:
annullare la decisione implicita della Commissione europea del 26 febbraio 2020, nel procedimento GESTDEM n. 2019/6819, recante diniego parziale della sua domanda di accesso a documenti;
statuire sulle spese e condannare la Commissione europea a pagare le spese sostenute dalla ricorrente e condannare ogni eventuale parte interveniente a sostenere le proprie spese.
Motivi e principali argomenti
A sostegno del ricorso, la ricorrente deduce tre motivi.
Primo motivo, vertente sul fatto che la Commissione sarebbe incorsa in errori manifesti di valutazione e in errori di diritto che avrebbero determinato un’errata applicazione della tutela dell’eccezione relativa al processo decisionale (articolo 4, paragrafo 3, secondo comma, del regolamento n. 1049/2001) 1 e avrebbe omesso di indicare la motivazione (articolo 296 TFUE), in quanto:
nessun processo decisionale sarebbe seriamente pregiudicato dalla divulgazione parziale della sezione 4 del verbale della 79ͣ riunione del «Comitato tecnico - Veicoli a motore», tenutasi a Bruxelles il 12 febbraio 2019 («documento B»);
la Commissione non avrebbe dimostrato che la divulgazione parziale della sezione 4 del documento B pregiudicherebbe seriamente il suo processo decisionale.
Secondo motivo, vertente sul fatto che la Commissione sarebbe incorsa in errori manifesti di valutazione e in errori di diritto che avrebbero determinato...
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