Case T-402/12: Judgment of the General Court of 16 April 2015 — Schlyter v Commission (Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exception relating to the protection of the purpose of investigations — Regulation (EC) No 1367/2006 — Article 6(1) — Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC — Refusal of access)
Date: 2015-04-16
Institutions: General Court
Subjects: access to information, activity report, nanotechnology, provision of documents, technical regulations








C_2015190EN.01001102.xml










8.6.2015   


EN


Official Journal of the European Union


C 190/11






Judgment of the General Court of 16 April 2015 — Schlyter v Commission
(Case T-402/12) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Article 4(2), third indent - Exception relating to the protection of the purpose of investigations - Regulation (EC) No 1367/2006 - Article 6(1) - Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC - Refusal of access))
(2015/C 190/13)
Language of the case: English

Parties


Applicant: Carl Schlyter (Linköping, Sweden) (represented by: O. Brouwer and S. Schubert, lawyers)

Defendant: European Commission (represented by: P. Costa de Oliveira, A. Tokár and C. Zadra, acting as Agents)

Interveners in support of the applicant: Republic of Finland (represented by: S. Hartikainen, acting as Agent); and Kingdom of Sweden (represented initially by A. Falk, C. Meyer-Seitz, U. Persson, C. Stege, S. Johannesson and H. Karlsson, and subsequently by A. Falk, C. Meyer-Seitz, U. Persson, E. Karlsson, L. Swedenborg and C. Hagerman, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: B. Beaupère-Manokha, D. Colas and F. Fize, acting as Agents)

Re:

Application for annulment of the decision of the Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ 1998 L 217, p. 18).

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998;










2.


Orders the Commission to bear its own costs and to pay those incurred by Mr Carl Schlyter;










3.


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






(1)  
            OJ C 343, 10.11.2012.