ORDER OF THE PRESIDENT OF THE COURT
15 December 2023 (*)
(Appeal – Intervention – Confidentiality – Information treated as confidential at first instance)
In Case C‑496/23 P,
APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 3 August 2023,
Meta Platforms Ireland Ltd, formerly Facebook Ireland Ltd, established in Dublin (Ireland), represented by D. Jowell, KC, D. Bailey, Barrister, J. Aitken, D. Das, R. Haria, S. Malhi, Solicitors, and T. Oeyen, avocat,
appellant,
the other parties to the proceedings being:
European Commission,
defendant at first instance,
Federal Republic of Germany,
intervener at first instance,
THE PRESIDENT OF THE COURT,
having regard to the proposal of the Judge-Rapporteur, Z. Csehi,
after hearing the Advocate General, A. Rantos,
makes the following
Order
1 By its appeal, Meta Platforms Ireland Ltd, formerly Facebook Ireland Ltd, seeks to have set aside the judgment of the General Court of the European Union of 24 May 2023, Meta Platforms Ireland v Commission (T‑452/20, EU:T:2023:277), by which the General Court dismissed its action for annulment of Commission Decision C(2020) 3013 final of 4 May 2020 relating to a proceeding pursuant to Article 18(3) and to Article 24(1)(d) of Council Regulation (EC) No 1/2003 (Case AT.40684 – Facebook Marketplace), as amended by Commission Decision C(2020) 9229 final of 11 December 2020.
2 By document lodged at the Registry of the Court of Justice on 4 August 2023, Meta Platforms Ireland requests that the Court grant, vis-à-vis the Federal Republic of Germany, intervener at first instance, confidential treatment in respect of, first, information relating to the identity of the custodians referred to by Decision C(2020) 3013, as amended by Decision C(2020) 9229, as set out in paragraphs 35 and 55 of its appeal, in the description of Annex F.16 thereto, together with certain other information regarded as constituting business secrets, as set out in the description of Annex F.18 to that appeal and, second, the information redacted in the non-confidential versions of Annexes F.1 to F.2.1, F.4, F.5, F.6.1, F.7.1 to F.10.1, F.12 to F.20 and F.22 to F.24 thereto which, it is submitted, corresponds to the information in respect of which the General Court granted confidential treatment at first instance vis-à-vis the Federal Republic of Germany. To that end, Meta Platforms Ireland submits, in annex to its application for confidential treatment before the Court of Justice, a non-confidential version of the appeal and the annexes thereto.
3 Similar confidential treatment had already been granted on a provisional basis, vis-à-vis the Federal Republic of Germany, to the information referred to in the request which is the subject of the present order, in the proceedings at first instance, by order of the President of the Fifth Chamber of the General Court of 21 December 2020, subject to the possibility for that party to object to that confidential treatment. Since no objection was raised in that regard, according to the file sent by the General Court to the Court of Justice, the grant of confidential treatment, ordered on a provisional basis by the General Court in the latter order, became final on 8 February 2021.
4 Article 171(1) of the Rules of Procedure of the Court of Justice provides that the appeal is to be served on the other parties to the relevant case before the General Court. Furthermore, in accordance with Article 172 of the Rules of Procedure, 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 of the appeal on that party. It follows from those provisions that the appeal, and the other procedural documents lodged before the Court of Justice, are also to be served, in principle, on the parties given leave to intervene before the General Court.
5 However, where a party is requesting, vis-à-vis a party that intervened before the General Court, confidential treatment in respect of material produced before the Court of Justice which has already been treated as confidential vis-à-vis that same party in the proceedings at first instance, that same confidential treatment must, in principle, be maintained for the purposes of the proceedings before the Court of Justice (order of the President of the Court of Justice of 16 July 2021, Ryanair v Commission, C‑321/21 P, EU:C:2021:636, paragraph 5 and the case-law cited).
6 It follows that it is necessary to grant the request made by Meta Platforms Ireland that the Court grant confidential treatment, vis-à-vis the Federal Republic of Germany, in respect of the information set out in paragraphs 35 and 55 of its appeal, in the description of Annexes F.16 and F.18 thereto, together with Annexes F.1 to F.2.1, F.4, F.5, F.6.1, F.7.1 to F.10.1, F.12 to F.20 and F.22 to F.24 to that appeal, in respect of which confidential treatment has already been granted in the context of the case giving rise to the judgment of 24 May 2023, Meta Platforms Ireland v Commission (T‑452/20, EU:T:2023:277); a non-confidential version of that appeal and the annexes thereto, redacting that information, shall be served by the Registrar on the Federal Republic of Germany.
On those grounds, the President of the Court hereby orders:
1. Confidential treatment is granted, vis-à-vis the Federal Republic of Germany, in respect of the information set out in paragraphs 35 and 55 of the appeal brought by Meta Platforms Ireland Ltd, in the description of Annexes F.16 and F.18 thereto, together with Annexes F.1 to F.2.1, F.4, F.5, F.6.1, F.7.1 to F.10.1, F.12 to F.20 and F.22 to F.24 to that appeal, in respect of which confidential treatment has already been granted in the context of the case giving rise to the judgment of the General Court of the European Union of 24 May 2023, Meta Platforms Ireland v Commission (T‑452/20, EU:T:2023:277); a non-confidential version of that appeal and the annexes thereto, redacting that information, shall be served by the Registrar on the Federal Republic of Germany.
2. The costs are reserved.
Luxembourg, 15 December 2023.
A. Calot Escobar | | K. Lenaerts |