# C_2015371EN.01002001.xml

| 9.11.2015 | EN | Official Journal of the European Union | C 371/20 |
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9.11.2015

EN

Official Journal of the European Union

C 371/20

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Judgment of the General Court of 23 September 2015 — ClientEarth and International Chemical Secretariat v ECHA

(Case T-245/11) (1)

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((Access to documents - Regulation (EC) No 1049/2001 - Documents held by ECHA - Documents deriving from a third party - Time-limit for response to an application for access - Refusal of access - Exception relating to protection of the commercial interests of a third party - Exception relating to protection of the decision-making process - Overriding public interest - Environmental information - Emissions into the environment))

(2015/C 371/22)

Language of the case: English

Parties

Parties

Applicants: ClientEarth (London, United Kingdom) and The International Chemical Secretariat (Gothenburg, Sweden) (represented by: P. Kirch, lawyer)

Applicants:

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and T. Zbihlej, acting as Agents, and by D. Abrahams, Barrister)

Defendant:

Interveners in support of the defendant: European Commission (represented initially by E. Manhaeve, P. Oliver and C. ten Dam, and subsequently by E. Manhaeve, P. Oliver and F. Clotuche-Duvieusart, and latterly by E. Manhaeve, F. Clotuche-Duvieusart and J. Tomkim, acting as Agents); and European Chemical Industry Council (Cefic) (Brussels, Belgium) (represented by: Y. van Gerven and M. Bronckers, lawyers)

Interveners in support of the defendant:

Re:

Re:

Application for the annulment of the ECHA decision of 4 March 2011 refusing access to information supplied in the context of the procedure for registration of certain chemical substances.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that there is no need to adjudicate on the action for annulment of the decision of the European Chemicals Agency (ECHA) of 4 March 2011, in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns the names and contact details of 6  611 companies which were accessible over the Internet on 23 April 2014; |
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1.

Declares that there is no need to adjudicate on the action for annulment of the decision of the European Chemicals Agency (ECHA) of 4 March 2011, in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns the names and contact details of 6  611 companies which were accessible over the Internet on 23 April 2014;

| 2. | Annuls the ECHA decision of 4 March 2011 in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns information not yet disclosed on 23 April 2014; |
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2.

Annuls the ECHA decision of 4 March 2011 in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns information not yet disclosed on 23 April 2014;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders each party, including the European Commission and the European Chemical Industry Council (Cefic), to bear its own costs. |
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4.

Orders each party, including the European Commission and the European Chemical Industry Council (Cefic), to bear its own costs.

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(1)  OJ C 194, 2.7.2011.

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