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C 143/38 EN Official Journal of the European Union 11.6.

2005

— order the defendant to pay the costs of the proceedings. recordings related to the preparation of the 30th adaptation to
technical progress of Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and adminis-
Pleas in law and main arguments trative provisions relating to the classification, packaging and
labelling of dangerous substances (1). More in particular, the
applicant's requested access to the audio recordings or tran-
The applicants are proprietors of sites which, under the scripts of the meeting of the specialised experts in the field of
contested decision, have been included on the Community list reproductive toxicity on the classification of boric acid and
of sites of Community importance on the basis of the presence borates.
of the habitat types and species deemed worthy of protection
under the Flora-Fauna-Habitat Directive.

The applicants submit: In support of its application, the applicant submits that the
defendant made a manifest error of assessment and infringed
— that their property rights freely to exploit their land as they Articles 4(1)(b) and 4(3) of Regulation 1049/2001 (2).
wish have been significantly restricted by the contested According to the applicant, the defendant erred in stating that
decision, and access to the documents would undermine the integrity of the
specialised experts consulted and would expose them to
— that this intervention is unlawful as it infringes procedural external pressure. The applicant claims furthermore that the
requirements and involves misuse of power since the defendant erred in applying the exception relating to the
purported habitat types and animal species deemed worthy protection of the Commission's decision making process and in
of protection are not to be found at all or, in any case, not deciding that there was no overriding public interest in disclo-
to the required degree of representativity or population size sure.
as required under the criteria in Annex III to the Flora-
Fauna-Habitat Directive.
The applicant finally invokes a violation of the principle of
proportionality in failing to grant partial access to the audio
(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation recordings.
of natural habitats and of wild fauna and flora (OJ 1992 L 206, p.
7).

(1) OJ English special edition: Series I Chapter 1967 p. 234


(2) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, p. 43)

Action brought on 15 March 2005 by Borax Europe Ltd


against the Commission of the European Communities

(Case T-121/05)

(2005/C 143/72) Action brought on 16 March 2005 by Nicola Falcione


against the Commission of the European Communities
(Language of the case: English)

(Case T-132/05)
An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 March 2005 by Borax Europe (2005/C 143/73)
Ltd., established in Guildford (United Kingdom), represented by
D. Vandermeersch and K. Nordlander, lawyers.

The applicant claims that the Court should: (Language of the case: French)

— annul the decision;

— order the Commission to bear the costs of the procedure.

An action against the Commission of the European Commu-


Pleas in law and main arguments nities was brought before the Court of First Instance of the
European Communities on 16 March 2005 by Nicola Falcione,
residing in Brussels, represented by Sébastien Orlandi, Xavier
The applicant contests the decision of the Commission to Martin, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
refuse the applicant access to certain documents and tape lawyers, with an address for service in Luxembourg.