ECLI:EU:T:2003:272

«(Action for annulment – Access to documents – Decision 94/90/ECSC, EC, Euratom – Refusal – Authorship rule – Misuse of powers)» Summary of the Judgment 1.. Actions for annulment – Actionable measures – Definition – Measures with binding legal effects – Preparatory measures – Exclusion – Secretary-General's decision replacing an initial statement of position in the context of an application for access to Commission documents – Included (Art. 230 EC; Commission Decision 94/90, Art. 2(2)) 2.. Commission – Right of public access to Commission documents – Decision 94/90 – Exceptions to the principle of access to documents – Authorship rule – Scope – Collection by the Commission, in a single computer database, of data notified by the Member States (Commission Decision 94/90) 3.. Commission – Right of public access to Commission documents – Decision 94/90 – Exceptions to the principle of access to documents – Authorship rule – To be narrowly construed – Documents on which the decision-making process is based (Commission Decision 94/90) 4.. Commission – Right of public access to Commission documents – Decision 94/90 – Exceptions to the principle of access to documents – Authorship rule – Documents from the Member States – Difficulties in gaining access to documents by applying to the Member States – Not relevant (Commission Decision 94/90) 5.. Commission – Right of public access to Commission documents – Decision 94/90 – Exceptions to the principle of access to documents – Authorship rule – Possibility of relying on Regulation No 1049/2001 to justify a strict construction of that rule – Not possible (Regulation No 1049/2001 of the European Parliament and of the Council; Commission Decision 94/90) 6.. Commission – Right of public access to Commission documents – Decision 94/90 – Review of initial refusal – Discrepancy in the reasoning – Misuse of powers – None (Art. 230 EC; Commission Decision 94/90) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)16 October 2003 (1) ((Action for annulment – Access to documents – Decision 94/90/ECSC, EC, Euratom – Refusal – Authorship rule – Misuse of powers)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 20 March 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) García-Valdecasas Lindh Cooke H. Jung R. García-Valdecasas Registrar President 1 – Language of the case: Italian.