CELEX: C1999/086/52
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 20 January 1999 by Denkavit Nederland BV against Commission of the European Communities (Case T-20/99)

C 86/30              EN                 Official Journal of the European Communities                                  27.3.1999
Pleas in law and main arguments adduced in support:                Pleas in law and main arguments adduced in support:
Mark in question:                                                  The Commission refused Denkavit Nederland BV's request
                                                                   for access to the Belloli report concerning measures to
                                                                   combat swine fever in the Netherlands.
COMPANYLINE' Ð Application No 000 319038
                                                                   Denkavit's request was based on Commission Decision
Goods or services:                                                 94/90/ECSC, EC, Euratom of 8 February 1994 concerning
                                                                   access to Commission documents.
Insurance bodies; financial bodies (class 36)'
                                                                   The Commission's refusal was based on two grounds.
Decision contested before the Board of Appeal
                                                                   1. T h e       comunication         of    the    report    is
                                                                       contrary to the protection of the general
Refusal of registration by the examiner                                interest (namely inspections and inve-
                                                                       stigations)
Pleas in law:
                                                                   According to the Commission, the investigation has not
                                                                   yet been concluded, and is still to be the subject of
Ð infringement of Article 7(1)(b) of Regulation (EC)               consultation between the Commission and the
    No 40/94                                                       Netherlands authorities.
    Ð misapplication of Article 7(1)(c) of Regulation              Referring to press articles, the applicant submits that the
        (EC) No 40/94                                              investigation has been concluded and that there is no
                                                                   question of future consultation, meaning that the refusal is
    Ð failure to take into account Article 12(b) of                based on an error of fact.
        Regulation (EC) No 40/94
                                                                   According to the Commission, the report concerns
                                                                   breaches of Community law, and publication would
                                                                   undermine any legal proceedings which may be brought.
                                                                   According to Denkavit, the Netherlands State, against
Action brought on 20 January 1999 by Denkavit                      which those proceedings would be brought, has already
Nederland BV against Commission of the European                    been in possession of the report for some time and the
                        Communities                                differences of opinion between the Netherlands State and
                       (Case T-20/99)                              the Commission as regards the content have been made
                                                                   common knowledge by the press, meaning that the reason
                       (1999/C 86/52)                              for the refusal is also incorrect in that respect.
               (Language of the case: Dutch)                       2. T h e        requirement        of    protection       for
                                                                       b u s i n e s s s e c r e c y.
An action against the Commission of the European
Communities was brought before the Court of First                  According to Denkavit, the Commission should have given
Instance of the European Communities on 20 January                 an abstract description of the type of information
1999 by Denkavit Nederland BV, whose registered office             concerning pig farms contained in the report, without
is at Voorthuizen (The Netherlands), represented by E. A.          referring to the undertakings concerned by name.
Buys, Advocaat.
                                                                   Furthermore, according to Denkavit, business secrets are
The applicant claims that the Court should:                        information which can affect the competitive position of
                                                                   the undertakings concerned. The information in the Belloli
                                                                   report is nothing of the kind, since it concerns the manner
Ð annul the Commission decision of 17 November 1998                in which the pig farms concerned reacted to the measures
    refusing to publish documents,                                 adopted by the Netherlands authorities to combat swine
                                                                   fever. The report therefore contains no business secrets.
Ð order the Commission to pay the costs of the
    proceedings.