Language of document : ECLI:EU:C:2017:186

Provisional text

ORDER OF THE PRESIDENT OF THE COURT

7 March 2017 (*)

(Intervention at first instance — Confidentiality)

In Case C‑604/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 24 November 2016,

Council of the European Union, represented by H. Marcos Fraile, acting as Agent, and by N. Tuominen, avocată,

appellant,

the other parties to the proceedings being:

PT Pelita Agung Agrindustri, established in Medan (Indonesia), represented by F. Graafsma and J. Cornelis, advocaten,

applicant at first instance,

European Commission,

European Biodiesel Board (EBB), established in Brussels (Belgium),

interveners at first instance,

THE PRESIDENT OF THE COURT,

having regard to the proposal of the Judge-Rapporteur, C. Lycourgos,

after hearing the Advocate General, M. Wathelet,

makes the following

Order

1        By its appeal, the Council of the European Union asks the Court to set aside the judgment of the General Court of the European Union of 15 September 2016, PT Pelita Agung Agrindustri v Council (T‑121/14, not published, EU:T:2016:500), by which the General Court annulled Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2) to the extent that it concerns PT Pelita Agung Agrindustri.

2        By document lodged at the Court Registry on 12 December 2016, PT Pelita Agung Agrindustri requests the Court to grant confidential treatment, vis-à-vis the European Biodiesel Board (EBB), intervener at first instance, to certain material in its application at first instance, which is included as Annex A.2 to the appeal of the Council. To that end, PT Pelita Agung Agrindustri has produced, in annex to its application for confidential treatment before the Court, a non-confidential version of the document for which that treatment is requested. The material in the application at first instance of PT Pelita Agung Agrindustri for which confidential treatment is requested concerns the following paragraphs of that application:

–        in paragraph 99, the percentages of crude palm oil (‘CPO’) produced in-house, of CPO purchased from related suppliers and of CPO purchased from unrelated suppliers;

–        in paragraph 100, the shareholdings controlled by the common shareholders of PT Pelita Agung Agrindustri and related CPO suppliers;

–        in paragraphs 112 and 113, the information relating to PT Pelita Agung Agrindustri’s CPO production costs, the price difference with the ‘market’ price and the price difference with the actual transfer price as well as the profit margins achieved by related CPO suppliers;

–        in paragraph 121, the percentage used for the adjustment of CPO costs, and

–        in paragraph 135, the recalculated injury margins and the detailed calculation relating to the underselling.

3        In the proceedings at first instance, the President of the Ninth Chamber of the General Court, by order of 18 May 2015, granted, on the basis of Article 116(2) of the Rules of Procedure of the General Court, confidential treatment, inter alia, to the same material of PT Pelita Agung Agrindustri’s application at first instance as is covered by the present application for confidential treatment.

4        Article 171(1) of the Rules of Procedure of the Court provides that the appeal is to be served on the other parties to the relevant case before the General Court. Moreover, in accordance with Article 172 of those rules, any party to the relevant case before the General Court having an interest in the appeal being allowed or dismissed may submit a response within two months after service on him of the appeal. It follows from those provisions that the appeal and the other procedural documents lodged before the Court are also to be served, in principle, on the parties admitted as interveners before the General Court.

5        However, in line with what was held in paragraph 5 of the order of the President of the Court of 13 December 2016, Lundbeck v Commission (C‑591/16 P, not published, EU:C:2016:967), it must be held, in a situation such as that at issue in the present case, where one party applies for confidential treatment, vis-à-vis another party that was an intervener before the General Court, for material produced before the Court of Justice that has already been granted such treatment during the proceedings at first instance vis-à-vis that same party, that the same treatment must, in principle, be maintained for the purposes of the proceedings before the Court of Justice.

6        It follows from the foregoing that confidential treatment should be granted, vis-à-vis the EBB, to the material in the application at first instance of PT Pelita Agung Agrindustri in the case that gave rise to the judgment of the General Court of 15 September 2016, PT Pelita Agung Agrindustri v Council (T‑121/14, not published, EU:T:2016:500), referred to in paragraph 2 of the present order, only the non-confidential version of that application having to be served, by the Registrar, on the EBB.

On those grounds, the President of the Court hereby orders:

1.      Confidential treatment is granted, vis-à-vis the European Biodiesel Board (EBB), to the material in the following paragraphs of the application at first instance of PT Pelita Agung Agrindustriin the case that gave rise to the judgment of the General Court of the European Union of 15 September 2016, PT Pelita Agung Agrindustri v Council (T121/14, not published, EU:T:2016:500), only the non-confidential version of that application having to be served, by the Registrar, on the EBB:

–        in paragraph 99, the percentages of crude palm oil produced in-house, of crude palm oil purchased from related suppliers and of crude palm oil purchased from unrelated suppliers;

–        in paragraph 100, the shareholdings controlled by the common shareholders of PT Pelita Agung Agrindustri and related crude palm oil suppliers;

–        in paragraphs 112 and 113, the information relating to PT Pelita Agung Agrindustri’s crude palm oil production costs, the price difference with the ‘market’ price and the price difference with the actual transfer price as well as the profit margins achieved by related crude palm oil suppliers;

–        in paragraph 121, the percentage used for the adjustment of crude palm oil costs, and

–        in paragraph 135, the recalculated injury margins and the detailed calculation relating to the underselling.

2.      The costs are reserved.


Luxembourg, 7 March 2017.


A. Calot Escobar

 

      K. Lenaerts

Registrar

 

      President


*      Language of the case: English.