CELEX: 62010CA0404
Language: en
Date: 2012-06-28 00:00:00
Title: Case C-404/10 P: Judgment of the Court (Third Chamber) of 28 June 2012 — European Commission v Éditions Odile Jacob SAS, Lagardère SCA (Appeals — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulations (EEC) No 4064/89 and (EC) No 139/2004 — Refusal to grant access — Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access)

25.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 258/3
            
         Judgment of the Court (Third Chamber) of 28 June 2012 — European Commission v Éditions Odile Jacob SAS, Lagardère SCA
   (Case C-404/10 P) (1)
   
   (Appeals - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents relating to merger control proceedings - Regulations (EEC) No 4064/89 and (EC) No 139/2004 - Refusal to grant access - Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions - Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access)
   2012/C 258/04
   Language of the case: French
   
      Parties
   
   
      Appellant: European Commission (represented by: B. Smulders, O. Beynet and P. Costa de Oliveira, acting as Agents)
   
      Interveners in support of the applicant: Czech Republic (represented by: M. Smolek and D. Hadroušek, acting as Agents), French Republic (represented by: J. Gstalter, acting as Agent)
   
      Other parties to the proceedings: Éditions Odile Jacob SAS (represented by: O. Fréget and L. Eskenazi, avocats), Lagardère SCA (represented by: A. Winckler, F. de Bure and J.-B. Pinçon, avocats)
   
      Interveners in support of Éditions Odile Jacob SAS: Kingdom of Denmark (represented by: S. Juul Jørgensen and C. Vang, acting as Agents), Kingdom of Sweden (represented by: K. Petkovska, acting as Agent)
   
      Re:
   
   Appeal against the judgment of the General Court (Sixth Chamber) of 9 June 2010, Éditions Jacob v Commission (T-237/05), annulling the Commission’s decision of 7 April 2005 (D(2005) 3286), to the extent that it refuses the appellant access to the documents concerning the merger control proceedings COMP/M.2978 Lagardère/Natexis/VUP — Documents relating to merger control procedures — Exception relating to the protection of the purpose of investigations — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside paragraphs 2 to 6 of the operative part of the judgment of the General Court of the European Union in Case T-237/05 Éditions Jacob v Commission;
            
         
               2.
            
            
               Dismisses the cross-appeal;
            
         
               3.
            
            
               Dismisses the action brought before the General Court of the European Union seeking annulment of Commission Decision D(2005) 3286 of 7 April 2005, dismissing the application of Éditions Odile Jacob SAS for access to documents relating to merger control procedure COMP/M.2978 — Lagardère/Natexis/VUP;
            
         
               4.
            
            
               Orders Éditions Odile Jacob SAS to bear its own costs and pay those incurred by the Commission and Lagardère both at first instance and on appeal;
            
         
               5.
            
            
               Orders the Czech Republic, the Kingdom of Denmark, the French Republic and the Kingdom of Sweden to bear their own costs.
            
         
      (1)  OJ C 274, 9.10.2010.