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Document 62012TA0402

    Case T-402/12: Judgment of the General Court of 16 April 2015 — Schlyter v Commission (Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exception relating to the protection of the purpose of investigations — Regulation (EC) No 1367/2006 — Article 6(1) — Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC — Refusal of access)

    Information about publishing Official Journal not found, p. 11–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.6.2015   

    EN

    Official Journal of the European Union

    C 190/11


    Judgment of the General Court of 16 April 2015 — Schlyter v Commission

    (Case T-402/12) (1)

    ((Access to documents - Regulation (EC) No 1049/2001 - Article 4(2), third indent - Exception relating to the protection of the purpose of investigations - Regulation (EC) No 1367/2006 - Article 6(1) - Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC - Refusal of access))

    (2015/C 190/13)

    Language of the case: English

    Parties

    Applicant: Carl Schlyter (Linköping, Sweden) (represented by: O. Brouwer and S. Schubert, lawyers)

    Defendant: European Commission (represented by: P. Costa de Oliveira, A. Tokár and C. Zadra, acting as Agents)

    Interveners in support of the applicant: Republic of Finland (represented by: S. Hartikainen, acting as Agent); and Kingdom of Sweden (represented initially by A. Falk, C. Meyer-Seitz, U. Persson, C. Stege, S. Johannesson and H. Karlsson, and subsequently by A. Falk, C. Meyer-Seitz, U. Persson, E. Karlsson, L. Swedenborg and C. Hagerman, acting as Agents)

    Intervener in support of the defendant: French Republic (represented by: B. Beaupère-Manokha, D. Colas and F. Fize, acting as Agents)

    Re:

    Application for annulment of the decision of the Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ 1998 L 217, p. 18).

    Operative part of the judgment

    The Court:

    1.

    Annuls the decision of the European Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998;

    2.

    Orders the Commission to bear its own costs and to pay those incurred by Mr Carl Schlyter;

    3.

    Orders the French Republic, the Republic of Finland and the Kingdom of Sweden to bear their own costs.


    (1)  OJ C 343, 10.11.2012.


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