Information;Order — ECLI:EU:C:2019:1092
Date: 2019-12-17
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment;Appeal - decision unnecessary
Origin: Germany

Order of the Court (Tenth Chamber) of 17 December 2019 — Rogesa v Commission (Case C‑568/18 P)(1) (Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), first indent — Exceptions to the right of access — Protection of commercial interests of a natural or legal person — Regulation (EC) No 1367/2006 — Article 6(1) — Application of the exceptions concerning requests for access to environmental information — Documents drawn up by the European Commission under the scheme for greenhouse gas emission allowance trading — Refusal of access — Subsequent transmission of the documents requested — Article 149 of the Rules of Procedure of the Court of Justice — No further interest in bringing proceedings — No need to adjudicate) 1. Action for annulment — Natural or legal persons — Interest in bringing proceedings — Action against a decision by an institution refusing access to documents — Disclosure by the institution of the documents requested in the course of the proceedings unaccompanied by a withdrawal of the decision refusing to grant access — Interest in bringing proceedings retained (Art. 263, fourth para. TFEU) (see paras 25, 26) 2. Appeal — Interest in bringing proceedings — Condition — Appeal capable of procuring an advantage for the party bringing it — Appeal seeking to challenge a judgment of the General Court concerning access to documents in order to avoid the recurrence, in the future, of decisions of the institutions vitiated by unlawfulness — Alleged unlawfulness not liable to recur in the future — No need to adjudicate (Rules of Procedure of the Court of Justice, Arts. 149 and 190(1)) (see paras 27-30, 34) Operative part 1. There is no need to adjudicate on the appeal. 2. The European Commission shall pay the costs incurred in the present appeal proceedings. 1 OJ C 16, 14.1.2019.