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Document 62005TJ0166

    Judgment of the Court of First Instance (Seventh Chamber) of 11 March 2009.
    Borax Europe Ltd v Commission of the European Communities.
    Access to documents - Regulation (EC) No 1049/2001 - Documents and sound recordings - Refusal of access - Exception relating to the protection of the privacy and integrity of the individual - Exception relating to the protection of the decision-making process.
    Case T-166/05.

    European Court Reports 2009 II-00028*

    ECLI identifier: ECLI:EU:T:2009:65





    Judgment of the Court of First Instance (Seventh Chamber) of 11 March 2009 – Borax Europe v Commission

    (Case T-166/05)

    Access to documents – Regulation (EC) No 1049/2001 – Documents and sound recordings – Refusal of access – Exception relating to the protection of the privacy and integrity of the individual – Exception relating to the protection of the decision-making process

    European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 (European Parliament and Council Regulation No 1049/2001, Arts 3 and 4(3)) (paras 40-42, 50, 88, 101-105, 108)

    Re:

    APPLICATION for annulment of the decision of 21 February 2005 of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ, English Special Edition 1967(I), p. 234).

    Operative part

    The Court:

    1.

    Annuls the decision of 21 February 2005 of the Secretary-General of the Commission refusing Borax Europe Ltd access to the recordings of the meeting of 5 and 6 October 2004, to two drafts of the summary record of that meeting, to thirteen comments from experts, to two comments from industry representatives and to the document submitted by the Danish Rapporteur;

    2.

    Orders the Commission to pay the costs.

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