Judgment of the General Court (Third Chamber) of 20 March 2014

Judicial proceedingsApplication initiating proceedingsDefenceFormal requirementsHandwritten signature of a lawyerNo obligation to sign copies in conformity with the original (Rules of Procedure of the General Court, Art. 43(1)) (see paras 43-45)

Actions for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionInadmissibility (Art. 263 TFEU) (see para. 49)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Requirement that the institution should examine the documents specifically and individuallyScope (European Parliament and Council Regulation No 1049/2001, Art. 4) (see paras 64, 65)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsStrict interpretation and applicationProtection of the commercial interests of a given personProtection of the objectives of inspection, investigation and audit activitiesApplication to documents relating to requests that account be taken of certain undertakings’ lack of contribution in the context of cartel proceedingsLimits (European Parliament and Council Regulation No 1049/2001, Art. 4(2), first and third indents; Commission Notice 2006/C 210/02, point 35) (see paras 85-87, 90-93, 100-106, 116-118, 126-129)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsDocuments originating from third partiesRequirement for prior consultation of the third parties concernedOpposition of a third party other than a Member State to the disclosure of documentsNo obligation on the institution not to disclose them without prior agreement (European Parliament and Council Regulation No 1049/2001, Art. 4(4) and (5)) (see paras 96-99)

Institutions of the European UnionRight of public access to documentsRegulation No 1049/2001Exceptions to the right of access to documentsOverriding public interest justifying the disclosure of documentsConceptSubjective interest of the person concerned in defending himselfNot included (Art. 15 TFEU; European Parliament and Council Regulation No 1049/2001, Arts 2(1), and 4(3), second para.) (see paras 142-144)

Re:

APPLICATION for annulment of Commission Decision Gestdem No 2009/5145 of 23 February 2010, refusing the applicant access to certain documents in the file in Case COMP/38589 — Heat stabilisers, on the basis of 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 2001 L 145, p. 43).

Operative part

The Court:

Annuls Commission Decision Gestdem No 2009/5145 of 23 February 2010, refusing the applicant access to certain documents in the administrative file in Case COMP/38589 — Heat stabilisers, on the basis of 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, to the extent that it refuses access to the non-confidential versions of the undertakings’ requests and to the European Commission’s first questionnaire;

Dismisses the action as to the remainder;

Orders Reagens SpA to pay half of its own costs and half of the costs incurred by the Commission;

Orders the Commission to pay half of its own costs and half of the costs incurred by Reagens.