Order of the President of the General Court of 25 July 2014 —
Deza v ECHA
(Case T‑189/14 R)
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use a chemical substance — Decision to allow a third party access to the documents — Application for suspension of operation — Urgency — Prima facie case — Weighing up of interests
1. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23, 99-105)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Action against a decision of the European Chemical Agency (ECHA) to grant a third party access to information submitted by the applicant in the context of its application for authorisation to use a chemical substance — Plea concerning the confidentiality of information covered by business secrecy — Plea revealing the existence of complex legal questions — Plea not prima facie lacking in foundation (Arts 278 TFEU, 279 TFEU and 339 TFEU; Charter of Fundamental Rights of the European Union, Art. 7; Rules of Procedure of the General Court, Art. 104(2); European Parliament and Council Regulations No 1049/2001, Art. 4(2), and No 1907/2006, Art. 119) (see paras 25, 54, 55, 60-63)
3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Suspension of operation of a decision of the European Chemical Agency (ECHA) to grant a third party access to information submitted by the applicant in the context of its application for authorisation to use a chemical substance — Need to maintain the effectiveness of the decision of the General Court in the action in the main proceedings (Art. 15(3) TEU; Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 65, 66, 68-70)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Interest of the applicant affected (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 71, 72, 79)
5. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Financial loss — Assessment according to the circumstances of the case — Damage linked to the disclosure of information covered by business secrecy — Criteria for assessment — Importance of the information for the undertaking concerned and usefulness of it for other undertakings (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2); European Parliament and Council Regulation No 1049/2001) (see paras 80-83, 86, 88-93, 97)
Re:
| APPLICATION for suspension of operation of the ECHA’s decision of 24 January 2014 concerning the disclosure of certain information submitted by the applicant in the course of the procedure relating to the application for authorisation to use the chemical substance Bis (2-ethylhexyl) phthalate (DEHP). |
Operative part
1. | | The operation of Decision AFA-C‑0000004274-77-09/F of the European Chemicals Agency (ECHA) of 24 January 2014 is suspended in so far as it grants to a third party, under 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, access to a version of the report on the chemical safety and the analysis of the possible replacements for the substance Bis (2-ethylhexyl) phthalate (DEHP), which is more detailed than the version with the material specified in the application for interim measures blanked out and which is set out in Annexes A.4.5 and A.4.6. of that application, with the exception, first, of the information on the classification and labelling of substances and, secondly, of the data specifically and exclusively concerning Arkema France, Grupa Azoty Zakłady Azotowe Kędzierzyn S.A. and Vinyloop Ferrara S.p.A. |
2. | | The ECHA is ordered not to disclose: |
– the report on the chemical safety and the analysis of the possible replacements for the substance Bis (2-ethylhexyl) phthalate (DEHP) referred to in point 1 of the present operative part, in a version which is more detailed than that defined in point 1;
– the reports on the chemical safety and the analyses of the possible replacements for the substance Bis (2-ethylhexyl) phthalate (DEHP) submitted by Arkema France, Grupa Azoty Zakłady Azotowe Kędzierzyn and Vinyloop Ferrara and which are the subject of the ECHA Decisions AFA-C‑0000004280-84-09/F, AFA-C‑0000004275-75-09/F and AFA-C‑0000004151-87-08/F of 24 January 2014, in so far as those documents are identical to those protected under point 1 of the present operative part.