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Document 62016TA0875
Case T-875/16: Judgment of the General Court of 5 December 2018 — Falcon Technologies International v Commission (Access to documents — Regulation (EC) No 1049/2001 — Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Partial refusal of access)
Case T-875/16: Judgment of the General Court of 5 December 2018 — Falcon Technologies International v Commission (Access to documents — Regulation (EC) No 1049/2001 — Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Partial refusal of access)
Case T-875/16: Judgment of the General Court of 5 December 2018 — Falcon Technologies International v Commission (Access to documents — Regulation (EC) No 1049/2001 — Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Partial refusal of access)
OJ C 44, 4.2.2019, p. 27–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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4.2.2019 |
EN |
Official Journal of the European Union |
C 44/27 |
Judgment of the General Court of 5 December 2018 — Falcon Technologies International v Commission
(Case T-875/16) (1)
((Access to documents - Regulation (EC) No 1049/2001 - Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices - Refusal of access - Exception relating to protection of commercial interests - Obligation to carry out a specific and individual examination - Overriding public interest - Partial refusal of access))
(2019/C 44/34)
Language of the case: Italian
Parties
Applicant: Falcon Technologies International LLC (Ras Al Khaimah, United Arab Emirates) (represented by: R. Sciaudone and G. Arpea, lawyers)
Defendant: European Commission (represented by: J. Baquero Cruz and D. Nardi, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Commission Decision C(2016) 6722 final of 14 October 2016 refusing to grant the applicant access to the document (DG (Santé) 2015-7552.
Operative part of the judgment
The Court:
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1. |
Annuls Commission Decision C(2016) 6722 final of 14 October 2016, in so far as it refused partial access to the document DG (Santé) 2015-7552; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders Falcon Technologies International LLC and the European Commission each to bear their own costs. |