Judgment of the General Court (Second Chamber) of 3 June 2015

Judicial proceedingsApplication initiating proceedingsFormal requirementsIdentification of the defendantDesignation as defendant, without error on the part of the applicant, of a person other than the author of the contested measureInadmissibilityLimitsFactors allowing the defendant to be identified without difficulty (Art. 263, first para., TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(b)) (see paras 49-51)

Actions for annulmentAdmissibility criteriaAction against the author of the contested measureExceptionsMeasures adopted under delegated powers attributable to the delegating institutionDecision of the European Food Safety Authority (EFSA) to publish certain information provided by an undertaking which requested confidential treatmentCompetence of the EFSA to adopt that decisionAction directed against the CommissionInadmissibility (Art. 263 TFEU; European Parliament and Council Regulation No 1107/2009, Arts 12 and 63; Commission Regulation No 188/2011, Art. 7(2)) (see paras 53, 67, 69, 73, 80, 83)

Actions for annulmentActionable measuresConceptMeasures producing binding legal effectsPreparatory measuresExclusion (Art. 263 TFEU) (see para. 54)

Actions for annulmentCapacity to be a defendantEuropean Food Safety AuthorityBody, office or agency of the EU (Art. 263, first para., TFEU; European Parliament and Council Regulation No 178/2002) (see para. 56)

Re:

ACTION for annulment of the decision, notified by letter of the European Food Safety Authority (EFSA) of 8 October 2013, to publish certain parts of documents in respect of which the applicants had requested confidentiality.

Operative part

The Court:

Dismisses the action as inadmissible;

Orders Luxembourg Pamol (Cyprus) Ltd and Luxembourg Industries Ltd to pay the costs, including those relating to the interim proceedings.