Judgment;Information — ECLI:EU:T:2020:20
Date: 2020-01-30
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Provisions governing the Institutions;Access to documents
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission (Case T-168/17) 1 (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality) Language of the case: German Parties Applicant: CBA Spielapparate- und Restaurantbetrieb GmbH (Vienna, Austria) (represented by A. Schuster, lawyer) Defendant: European Commission (represented by C. Ehrbar, F. Erlbacher and K. Blanck, acting as Agents) Interveners in support of the defendant: European Parliament (represented by N. Görlitz and D. Moore, acting as Agents), Council of the European Union (represented by M. Bauer and E. Rebasti, acting as Agents) Re: Application under Article 263 TFEU seeking annulment of Commission Decision C(2017) 249 final of 13 January 2017 refusing the request for access to documents concerning Case SA.40224 [2014/CP] on the basis of Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43). Operative part of the judgment The Court: Dismisses the action; Orders CBA Spielapparate- und Restaurantbetrieb GmbH to bear its own costs and pay those incurred by the European Commission; Orders the European Parliament and the Council of the European Union to bear their own costs. ____________ 1 OJ C 151, 15.5.2017.