Information;Judgment — ECLI:EU:T:2023:277
Date: 2023-05-24
Language of the case: English
Court formation: Fifth Chamber, Extended Composition
Subject matter: Competition;Dominant position
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Ireland

Judgment of the General Court (Fifth Chamber, Extended Composition) of 24 May 2023 – Meta Platforms Ireland v Commission (Case T‑452/20) (1) (Competition – Data market – Administrative procedure – Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 – Request for information – Virtual data room – Obligation to state reasons – Legal certainty – Rights of the defence – Necessity of the information requested – Misuse of powers – Right to privacy – Proportionality – Principle of good administration – Professional secrecy) 1. Judicial proceedings – Pleas in the application – Modification in the course of proceedings – Decision amending the contested decision in the course of the proceedings – Modification of initial forms of order sought and pleas in law – Whether permissible – Conditions (Rules of Procedure of the General Court, Art. 86) (see paragraphs 24 – 31) 2. Competition – Administrative procedure – Request for information – Obligation to state reasons – Request for internal documents containing certain search terms – Obligation to state specifically the reasons for each search term – None (Art. 296, second para., TFEU; Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 33-51) 3. Action for annulment – Natural or legal persons – Interest in bringing proceedings – Interest in making a plea – Plea capable of procuring a benefit for the applicant – None – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 57-60) 4. Competition – Administrative procedure – Request for information – Requirement of a necessary link between the information requested and the infringement investigated – Discretion of the Commission – Request for internal documents containing certain search terms – Manifest error of assessment concerning whether the information requested is necessary – None (Council Regulation No 1/2003, Art. 18(1) and (3)) (see paragraphs 66-70, 87-104) 5. Action for annulment – Judgment annulling a measure – Scope – Partial annulment of an EU legal act – Condition – Severability of the annullable elements from the contested act (Art. 264 TFEU) (see paragraphs 73, 74) 6. Competition – Administrative procedure – Request for information – Requirement of a necessary link between the information requested and the infringement investigated – Discretion of the Commission – Request for internal documents containing certain search terms – Overall assessment of compliance with the principle of necessity – None (Council Regulation No 1/2003, Art. 18(1) and (3)) (see paragraphs 75, 76) 7. Judicial proceedings – Introduction of new pleas during the proceedings – Plea raised for the first time at the reply stage – Inadmissibility – Analogous requirement in respect of new arguments directed against evidence not disputed in the application (Rules of Procedure of the General Court, Art. 84) (see paragraphs 82-86) 8. Competition – Administrative procedure – Request for information – Rights of the defence – Request for information adopted in the preliminary stage of the investigation – Irremediable infringement of the rights of defence of the undertaking concerned – None (Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 111-122) 9. Competition – Administrative procedure – Request for information – Invasion of privacy – Whether permissible – Conditions – Limitation provided for by law (Charter of Fundamental Rights of the European Union, Arts 7 and 52(1); Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 138-147) 10. Competition – Administrative procedure – Request for information – Invasion of privacy – Whether permissible – Conditions – Whether objectives of general interest recognised by the European Union are pursued (Charter of Fundamental Rights of the European Union, Arts 7 and 52(1); Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 148-151) 11. Competition – Administrative procedure – Request for information – Invasion of privacy – Whether permissible – Conditions – Observance of the principle of proportionality – Request for information covering certain documents unconnected with the commercial activities of the undertaking covered and capable of containing sensitive person data – Examination of those documents in a virtual data room before they are included in the investigation file – Impediment to the right to privacy which is appropriate, necessary and not excessive (Charter of Fundamental Rights of the European Union, Arts 7 and 52(1); Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 153-196) 12. Competition – Administrative procedure – Professional secrecy – Request for information (Art. 339 TFEU; Council Regulation No 1/2003, Arts 18 and 28) (see paragraphs 200-210) 13. Competition – Administrative procedure – Request for information – Powers of the Commission – Limit – Observance of the principle of proportionality – Infringement – None (Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 213-219) 14. Competition – Administrative procedure – Request for information – Obligation on the Commission to make a careful and impartial examination of all the relevant factors – Infringement of the principle of sound administration – None (Charter of Fundamental Rights of the European Union, Art. 41; Council Regulation No 1/2003, Art. 18(3)) (see paragraphs 222-226) Operative part The Court: 1. Dismisses the action; 2. Orders Meta Platforms Ireland Ltd to bear its own costs and to pay those incurred by the European Commission, including those incurred in the proceedings for interim relief; 3. Orders the Federal Republic of Germany to bear its own costs. 1 OJ C 287, 31.8.2020.