# C_2010209EN.01003201.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/32 |
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31.7.2010

EN

Official Journal of the European Union

C 209/32

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Judgment of the General Court of 9 June 2010 — Éditions Jacob v Commission

(Case T-237/05) (1)

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(Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents relating to a procedure concerning a merger between undertakings - Regulation (EC) No 4064/89 - Regulation (EC) No 139/2004 - Regulation (EC) No 802/2004 - Refusal to grant access - Exception relating to the protection of investigations and audits - Exception relating to the protection of commercial interests - Exception relating to the protection of the decision-making process - Exception relating to the protection of legal advice)

2010/C 209/45

Language of the case: French

Parties

Parties

Applicant: Éditions Odile Jacob SAS (Paris, France) (represented by: initially W. van Weert and O. Fréget, later O. Fréget, lawyers)

Applicant:

Defendant: European Commission (represented by: X. Lewis, P. Costa de Oliveira and O. Beynet, agents)

Defendant:

Intervener in support of the defendant: Lagardère SCA (represented by initially A. Winckler, S. Sorinas Jimeno and I. Girgenson, later A. Winckler, F. de Bure and J. B. Pinçon, lawyers)

Intervener in support of the defendant:

Re:

Re:

Annulment of the Commission decision of 7 April 2005 dismissing in part the applicant’s request seeking access to certain documents relating to a procedure concerning a merger between undertakings (Case No COMP/M.2978 — Lagardère/Natexis/VUP),

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that there is no further need to rule on the lawfulness of the Decision D(2005) 3286 of the Commission of the European Communities of 7 April 2005, as it refused total or partial access to the documents set out at paragraph 1(a) to (c) and at paragraph 2(h) and (j) of this judgment |
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1.

Declares that there is no further need to rule on the lawfulness of the Decision D(2005) 3286 of the Commission of the European Communities of 7 April 2005, as it refused total or partial access to the documents set out at paragraph 1(a) to (c) and at paragraph 2(h) and (j) of this judgment

| 2. | Annuls Decision D(2005) 3286 in so far as it refuses to grant total access to the documents referred to in paragraph 1(d), (e), (g), (h) and (i) and paragraph 2(b) to (d), (f), (g) and (i) of the present judgment, with the exception of the opinion of the Commission's legal service referred to in paragraph 1(g) of the present judgment. |
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2.

Annuls Decision D(2005) 3286 in so far as it refuses to grant total access to the documents referred to in paragraph 1(d), (e), (g), (h) and (i) and paragraph 2(b) to (d), (f), (g) and (i) of the present judgment, with the exception of the opinion of the Commission's legal service referred to in paragraph 1(g) of the present judgment.

| 3. | Annuls Decision D(2005) 3286 in so far as it refuses to grant partial access to the documents referred to in paragraph 1(d),(e),(g) and (h) and paragraph 2(b) to (d), (f),(g) and (i) of the present judgment. |
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3.

Annuls Decision D(2005) 3286 in so far as it refuses to grant partial access to the documents referred to in paragraph 1(d),(e),(g) and (h) and paragraph 2(b) to (d), (f),(g) and (i) of the present judgment.

| 4. | Dismisses the action as to the remainder. |
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4.

Dismisses the action as to the remainder.

| 5. | Orders the Commission to bear its own costs and to pay nine tenths of the costs incurred by Éditions Odile Jacob SAS. |
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5.

Orders the Commission to bear its own costs and to pay nine tenths of the costs incurred by Éditions Odile Jacob SAS.

| 6. | Orders Lagardère SCA to bear its own costs. |
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6.

Orders Lagardère SCA to bear its own costs.

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(1)  OJ C 205 of 20.8.2005.

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