EN Official Journal of the European Union C 234/3

Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v The Bavarian Lager Co. Ltd, European Data Protection Supervisor

(Case C-28/08 P) (1)

(Appeal - Access to the documents of the institutions - Document concerning a meeting held in the context of a procedure for failure to fulfil obligations - Protection of personal data - Regulation (EC) No 45/2001 - Regulation (EC) No 1049/2001)

2010/C 234/04

Language of the case: English

Parties

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

Interveners in support of the appellant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and V. Jackson, acting as Agents, assisted by J. Coppel, Barrister), Council of the European Union (represented by: B. Driessen and C. Fekete, acting as Agents)

Other parties to the proceedings: The Bavarian Lager Co. Ltd (represented by: J. Webber and M. Readings, Solicitors), European Data Protection Supervisor (represented by: H. Hijmans, A. Scirocco and H. Kranenborg, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by: B. Weis Fogh, acting as Agent), Republic of Finland (represented by: J. Heliskoski, acting as Agent), Kingdom of Sweden (represented by: K. Petkovska, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 8 November 2007 in Case T-194/04 The Bavarian Lager Co. Ltd v Commission of the European Communities annulling the Commission's decision of 18 March 2004 refusing the applicant access to a document concerning a meeting held in connection with proceedings for failure to fulfil Treaty obligations relating to the United Kingdom provisions on the sale of beers from other Member States in public houses in the United Kingdom — Interpretation of Article 4(1)(b) 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:

1. Sets aside the judgment of the Court of First Instance of the European Communities of 8 November 2007 in Case T-194/04 Bavarian Lager v Commission, in so far as it annuls the Commission’s decision of 18 March 2004, rejecting an application for access to the full minutes of the meeting of 11 October 1996, including all the names, and in so far as it orders the European Commission to pay the costs of The Bavarian Lager Co. Ltd;

2. Dismisses the action of The Bavarian Lager Co. Ltd against the Commission’s decision of 18 March 2004, rejecting an application for access to the full minutes of the meeting of 11 October 1996, including all the names;

3. Orders The Bavarian Lager Co. Ltd to pay the costs incurred by the European Commission both in the context of the present appeal proceedings and before the Court of First Instance;

4. Orders the Kingdom of Denmark, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, the Council of the European Union and the European Data Protection Supervisor to bear their own costs.

(1) OJ C 79, 29.03.2008.