ORDER OF THE GENERAL COURT (Ninth Chamber)
25 November 2019 (*)
(Measure of inquiry – Article 103(3) of the Rules of Procedure – Production of a non-confidential version of a document)
In Case T-280/19,
Highgate Capital Management LLP, established in London (United Kingdom), represented by M. Struys, lawyer,
applicant,
v
European Commission, represented by K. Blanck, A. Bouchagiar and K.-Ph. Wojcik, acting as Agents,
defendant,
APPLICATION under Article 263 TFEU seeking annulment of a European Commission decision said to reject a complaint concerning alleged unlawful State aid granted to Eurobank through the sale of Piraeus Bank Bulgaria (SA.53105),
THE GENERAL COURT (Ninth Chamber),
composed of M. J. Costeira (Rapporteur), President, D. Gratsias and B. Berke, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By order of 23 October 2019, the General Court (Ninth Chamber) ordered the Commission, in accordance with Article 91(b) of the Rules of Procedure of the General Court and taking into account the safeguards provided for in Article 103(1) thereof, to produce the letter sent by the Commission to the National Bank of Bulgaria on 8 March 2019. The Commission complied with this request within the prescribed period.
2 In accordance with Article 103(2) of the Rules of Procedure, where the General Court concludes, in the course of the examination provided for in paragraph 1 of that Article, that certain information or material produced before it is relevant in order for it to rule in the case and is confidential vis-à-vis the other main party, it is to weigh that confidentiality against the requirements linked to the right to effective judicial protection, particularly observance of the adversarial principle.
3 In accordance with Article 103(3) of the Rules of Procedure, after weighing up the matters referred to in paragraph 2 of that Article, the General Court may decide to bring the confidential information or material to the attention of the other main party, making its disclosure subject, if necessary, to the giving of specific undertakings, or it may decide not to communicate such information or material, specifying, by reasoned order, the procedures enabling the other main party, to the greatest extent possible, to make his views known, including ordering the production of a non-confidential version or a non-confidential summary of the information or material, containing the essential content thereof.
4 In the present case, the General Court considers that the said letter is relevant in order for it to rule in the case. Consequently, in order to enable the applicant, to the greatest extent possible, to make its views known, the Commission is to be ordered to produce a non-confidential version of the letter, containing the essential content thereof, which will be communicated to the applicant.
On those grounds,
THE GENERAL COURT (Ninth Chamber)
hereby orders:
1. The European Commission shall produce, within a period to be fixed by the Court Registry, a non-confidential version of its letter sent to the National Bank of Bulgaria on 8 March 2019.
2. The non-confidential version of the said letter that will be produced by the Commission shall be communicated to the applicant in order for it to make its views known, within a period to be fixed by the Court Registry.
3. The costs are reserved.
Luxembourg, 25 November 2019.