Judgment of the General Court of 15 December 2011 - CDC Hydrogene Peroxide v Commission
(Case T-437/08)
(Access to documents - Regulation (EC) No 1049/2001 - Statement of contents of the administrative file relating to a cartel proceeding - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Exception relating to protection of the purpose of inspections, investigations and audits)
Language of the case: German
Parties
Applicant: CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide) (Brussels, Belgium) (represented initially by R. Wirtz, subsequently by R. Wirtz and S. Echement and finally by T. Funke, A. Kirschstein and D. Stein, lawyers)
Defendant: European Commission (represented initially by P. Costa de Oliveira, A. Antoniadis and O. Weber, and subsequently by A. Bouquet, P. Costa de Oliveira and A. Antoniadis, acting as Agents)
Intervener in support of the applicant: Kingdom of Sweden (represented by: A. Falk, K. Petkovska and S. Johannesson, acting as Agents)
Intervener in support of the defendant: Evonik Degussa GmbH (Essen, Germany) (represented initially by C. Steinle, and then by C. Steinle and M. Holm-Hadulla, lawyers)
Re:
Application for annulment of Commission decision SG.E3/MM/psi D(2008) 6658 of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 - Hydrogen peroxide and perborate.
Operative part of the judgment
The Court:
Annuls Decision SG.E3/MM/psi D(2008) 6658 of the Commission of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 - Hydrogen peroxide and perborate;
Orders the European Commission to bear its own costs and pay those incurred by CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide);
Orders the Kingdom of Sweden and Evonik Degussa to pay their own costs.
____________1 - OJ C 313, 6.12.2008.