This document is an excerpt from the EUR-Lex website
Document 62021TJ0662
Judgment of the General Court (Ninth Chamber) of 26 July 2023.
Troy Chemical Company BV v European Commission.
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest.
Case T-662/21.
Judgment of the General Court (Ninth Chamber) of 26 July 2023.
Troy Chemical Company BV v European Commission.
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest.
Case T-662/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:442
Judgment of the General Court (Ninth Chamber) of 26 July 2023 –
Troy Chemical Company v Commission
(Case T‑662/21) ( 1 )
(Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest)
1. |
EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Obligation to state reasons – Scope (Art. 296, second para., TFEU; European Parliament and Council Regulation No 1049/2001, Art. 4) (see paragraphs 25-27) |
2. |
EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Strict interpretation and application – Obligation to make a specific and individual examination for documents covered by an exception – Scope (European Parliament and Council Regulation No 1049/2001, Recitals 2 and 11 and Art. 4) (see paragraphs 40-45) |
3. |
EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Protection of court proceedings – Scope – Documents not drawn up solely for the purposes of court proceedings, but likely adversely to affect the capacity of the institution concerned to defend itself in those proceedings – Included – Conditions (European Parliament and Council Regulation No 1049/2001, Art. 4(2), second indent) (see paragraphs 55-59, 71) |
4. |
EU institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents – Public interest justifying the disclosure of documents – Invocation of the principle of transparency – Need to put forward particular considerations in relation to the case (European Parliament and Council Regulation No 1049/2001, Art. 4(2)) (see paragraphs 109-114) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Troy Chemical Company BV to pay the costs. |
( 1 ) OJ C 490, 6.12.2021.