Judgment of the General Court of 22 May 2012 - EnBW Energie Baden-Württemberg v Commission
(Case T-344/08)
(Access to documents - Regulation (EC) No 1049/2001 - Administrative file relating to cartel proceedings - Refusal of access - Exception relating to protection of the purpose of investigations - Exception concerning the protection of the commercial interests of a third party - Exception concerning the protection of the decision-making process - Obligation of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the request for access)
Language of the case: German
Parties
Applicant: EnBW Energie Baden-Württemberg AG (Karlsruhe, Germany) (represented by: A. Bach and A. Hahn, 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, Agents)
Interveners in support of the applicant: Kingdom of Sweden (represented by: K. Petkovska, S. Johannesson and A. Falk, acting as Agents)
Intervener in support of the defendant: Siemens AG (Berlin and Munich, Germany) (represented by: I. Brinker, C. Steinle and M. Holm-Hadulla, lawyers); and ABB Ltd (Zurich, Switzerland) (represented: initially by J. Lawrence, Solicitor, and E. Whiteford, Barrister, and subsequently by J. Lawrence and D. Howe, Solicitor)
Re:
Application for annulment of Commission Decision SG.E.3/MV/psi D(2008) 4931 of 16 June 2008 refusing access to the case-file in Case COMP/F/38.899 - Gas insulated switchgear
Operative part of the judgment
The Court:
Annuls Commission Decision SG.E.3/MV/psi D(2008) 4931 of 16 June 2008 refusing access to the case-file in Case COMP/F/38.899 - Gas insulated switchgear;
Orders the European Commission to bear its own costs and to pay those incurred by EnBW Energie Baden-Württemberg AG;
Orders the Kingdom of Sweden, ABB Ltd and Siemens AG to bear their own costs.
____________1 - OJ C 272, 25.10.2008.