# C_2010234EN.01000201.xml

| 28.8.2010 | EN | Official Journal of the European Union | C 234/2 |
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28.8.2010

EN

Official Journal of the European Union

C 234/2

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Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v Technische Glaswerke Ilmenau GmbH, Republic of Finland, Kingdom of Sweden

(Case C-139/07 P) (1)

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(Appeals - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents relating to procedures for reviewing State aid - Exception concerning protection of the purposes of investigations - Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access)

2010/C 234/02

Language of the case: German

Parties

Parties

Appellant: European Commission (represented by: V. Kreuschitz, P. Aalto and C. Docksey, Agents)

Appellant:

Other parties to the proceedings: Technische Glaswerke Ilmenau GmbH (represented by C. Arhold and N. Wimmer, Rechtsanwälte), Republic of Finland (represented by J. Heliskoski, Agent), Kingdom of Sweden (represented by K. Wistrand, S. Johannesson and K. Petkovska, Agents)

Other parties to the proceedings:

Intervener in support of Technische Glaswerke Ilmenau GmbH: Kingdom of Denmark (represented by B. Weis Fogh, Agent)

Intervener in support of Technische Glaswerke Ilmenau GmbH:

Re:

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 14 December 2006 in Case T-237/02 Technische Glaswerke Ilmenau v Commission in which the Court of First Instance annulled the decision of the Commission of 28 May 2002 in so far as it refused to grant the applicant access to documents relating to the investigation procedures in respect of State aid granted to it — Application of Regulation (EC) No 1049/2001 to cases involving the investigation of State aid — Obligation of the institution concerned to undertake a specific and individual appraisal of the content of the documents referred to in the request for access

Technische Glaswerke Ilmenau

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls points 1 and 3 of the operative part of the judgment of the Court of First Instance of the European Communities of 14 December 2006 in Case T-237/02 Technische Glaswerke Ilmenau v Commission; |
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1.

Annuls points 1 and 3 of the operative part of the judgment of the Court of First Instance of the European Communities of 14 December 2006 in Case T-237/02 Technische Glaswerke Ilmenau v Commission;

| 2. | Dismisses the action brought before the Court of First Instance of the European Communities for annulment of the decision of the Commission of the European Communities of 28 May 2002 in so far as it refuses access to documents relating to procedures for reviewing State aid granted to Technische Glaswerke Ilmenau GmbH; |
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2.

Dismisses the action brought before the Court of First Instance of the European Communities for annulment of the decision of the Commission of the European Communities of 28 May 2002 in so far as it refuses access to documents relating to procedures for reviewing State aid granted to Technische Glaswerke Ilmenau GmbH;

| 3. | Orders Technische Glaswerke Ilmenau GmbH to bear its own costs and pay those incurred by the European Commission, both at first instance and on appeal; |
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3.

Orders Technische Glaswerke Ilmenau GmbH to bear its own costs and pay those incurred by the European Commission, both at first instance and on appeal;

| 4. | Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs. |
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4.

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

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(1)  OJ C 140, 23.6.2007.

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