Appeal brought on 5 June 2020 by ViaSat, Inc. against the judgment of the General Court (Second Chamber) delivered on 26 March 2020 in Case T-734/17, ViaSat v Commission

(Case C-235/20 P)

Language of the case: English

Parties

Appellant: ViaSat, Inc. (represented by: P. de Bandt, avocat, M. R. Gherghinaru, avocate, J. Ruiz Calzado, abogado, L. Marco Perpiñà, abogada)

Other parties to the proceedings: European Commission, Inmarsat Ventures Ltd

Form of order sought

The appellant claims that the Court should:

declare the present appeal admissible and well-founded and, consequently,

set aside the judgment under appeal and give a final judgment in this case ordering the Commission to provide the access to the documents requested,

annul the decision of the Secretary-General of the Commission of 11 January 2018;

order the Commission to pay the appellant’s costs.

Pleas in law and main arguments

First plea in law: error in law regarding the application of a general presumption of confidentiality to the requested documents and violation of Article 4(2) of Regulation No 1049/2001¹ relating to the protection of commercial interests and of the duty to state reasons.

Second plea in law: Error in law regarding the existence of an overriding public interest in disclosure and violation of the last clause of Article 4(2) of Regulation No 1049/2001 relating to the protection of commercial interests.

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¹ Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001, L 145, p. 43).