# C_2015190EN.01001102.xml

| 8.6.2015 | EN | Official Journal of the European Union | C 190/11 |
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8.6.2015

EN

Official Journal of the European Union

C 190/11

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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; |
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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; |
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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. |
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3.

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

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(1)  
  OJ C 343, 10.11.2012.

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