This document is an excerpt from the EUR-Lex website
Document 62017TA0168
Case T-168/17: Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality)
Case T-168/17: Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality)
Case T-168/17: Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality)
OJ C 77, 9.3.2020, p. 41–41
(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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9.3.2020 |
EN |
Official Journal of the European Union |
C 77/41 |
Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission
(Case T-168/17) (1)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming - Refusal to grant access - Plea relating to the protection of the purpose of inspections, investigations and audits - Overriding public interest - Obligation to state reasons - Plea of illegality)
(2020/C 77/59)
Language of the case: German
Parties
Applicant: CBA Spielapparate- und Restaurantbetrieb GmbH (Vienna, Austria) (represented by A. Schuster, lawyer)
Defendant: European Commission (represented by C. Ehrbar, F. Erlbacher and K. Blanck, acting as Agents)
Interveners in support of the defendant: European Parliament (represented by N. Görlitz and D. Moore, acting as Agents), Council of the European Union (represented by M. Bauer and E. Rebasti, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision C(2017) 249 final of 13 January 2017 refusing the request for access to documents concerning Case SA.40224 [2014/CP] on the basis of Article 4 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 of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders CBA Spielapparate- und Restaurantbetrieb GmbH to bear its own costs and pay those incurred by the European Commission; |
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3. |
Orders the European Parliament and the Council of the European Union to bear their own costs. |