Case T-128/14: Judgment of the General Court of 4 October 2018 — Daimler v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the procedure initiated pursuant to Article 29 of Directive 2007/46/EC allowing a Member State to refuse registration of vehicles seriously jeopardising road safety or having a significant negative impact on the environment or on public health — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Aarhus Convention — Refusal to grant access to the file — Article 41 of the Charter of Fundamental Rights)
Date: 2018-10-04
Institutions: General Court
Subjects: access to EU information, approval, environmental protection, motor vehicle, public health, right to justice, road safety, vehicle registration








C_2018427EN.01003601.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/36






Judgment of the General Court of 4 October 2018 — Daimler v Commission
(Case T-128/14) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the procedure initiated pursuant to Article 29 of Directive 2007/46/EC allowing a Member State to refuse registration of vehicles seriously jeopardising road safety or having a significant negative impact on the environment or on public health - Refusal of access - Exception relating to the protection of inspections, investigations and audits - General presumption - Aarhus Convention - Refusal to grant access to the file - Article 41 of the Charter of Fundamental Rights)
(2018/C 427/44)
Language of the case: German

Parties


Applicant: Daimler AG (Stuttgart, Germany) (represented by: C. Arhold, B. Schirmer and N. Wimmer, lawyers)

Defendant: European Commission (represented by: initially by F. Clotuche-Duvieusart, then by G. Wilms and F. Clotuche-Duvieusart, and finally by H. Krämer and F. Clotuche-Duvieusart, acting as Agents, assisted initially by R. Van der Hout, then by R. Van der Hout and C. Wagner, lawyers)

Interveners in support of the defendant: Council of the European Union (represented by: M. Simm and A. Jensen, acting as Agents), European Parliament (represented by: N. Görlitz and L. Visaggio, acting as Agents)

Re:

Application based on Article 263 TFEU seeking the annulment of Commission Decision ARES (2013) 3715941 of 13 December 2013 refusing to grant the applicant access to documents relating to the procedure initiated by the French Republic pursuant to Article 29 of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ 2007 L 263, p. 1).

Operative part of the judgment

The Court:






1.


Annuls European Commission Decision ARES (2013) 3715941 of 13 December 2013 refusing to grant Daimler AG access to documents relating to the procedure initiated by the French Republic pursuant to Article 29 of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive);










2.


Orders the Commission to bear, in addition to its own costs, the costs incurred by Daimler;










3.


Orders the Council of the European Union and the European Parliament to bear their own costs.






(1)  OJ C 151, 19.5.2014.