CELEX: 62010CO0404
Language: en
Date: 2011-01-31 00:00:00
Title: Order of the President of the Court of 31 January 2011. # Commission of the European Communities v Éditions Odile Jacob SAS. # Application for interim measures - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents relating to a procedure concerning a merger between undertakings - Commission decision - Access to documents refused - Judgment of the General Court - Annulment of the Commission decision - Application for suspension of operation of the General Court’s judgment - Urgency. # Case C-404/10 P-R.

Order of the President of the Court of 31 January 2011 – Commission v Éditions Odile Jacob
      (Case C-404/10 P-R)
      Application for interim measures – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to a procedure concerning a merger between undertakings – Commission decision – Access to documents refused – Judgment of the General Court – Annulment of the Commission decision – Application for suspension of operation of the General Court’s judgment – Urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Cumulative nature – Weighing up all the interests involved – Order
            of assessment and method of verification – Discretion of the court dealing with the application for interim relief (Arts 256(1)
            TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice Art. 83(2)) (see paras 19-21)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof (Art. 278 TFEU) (see paras 30-31)
      3.                     Applications for interim measures – Suspension of operation of a measure – Judgment of the General Court against which an
            appeal has been brought – Conditions for granting – Serious and irreparable damage – No administrative proceedings brought
            relating to the application of Regulation No 1049/2001 regarding public access to documents (Art. 278 TFEU; European Parliament
            and Council Regulation No 1049/2001) (see para. 32)
      Re:
      
         Appeal against the judgment of the General Court (Sixth Chamber) of 9 June 2010 in Case T-237/05 
               Éditions Jacob
                v 
               Commission
               , by which that court annulled the Commission’s decision of 7 April 2005 (D(2005)3286), to the extent that it refuses the
                  appellant access to the documents concerning 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
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.