Judgment of the Court (Fourth Chamber) of 22 January 2020 — MSD Animal Health Innovation GmbH, Intervet International BV v European Medicines Agency (EMA)
(Case C-178/18 P) 1
(Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a veterinary medicinal product — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality)
Language of the case: English
Parties
Appellants: MSD Animal Health Innovation GmbH, Intervet International BV (represented by: C. Thomas, Barrister, J. Stratford QC, B. Kelly, Solicitor, and P. Bogaert, advocaat)
Other party to the proceedings: European Medicines Agency (initially represented by: T. Jabłoński, S. Marino, S. Drosos and A. Rusanov, subsequently by T. Jabłoński, S. Marino and S. Drosos, acting as Agents)
Operative part of the judgment
The Court:
1. Dismisses the appeal;
2. Orders MSD Animal Health Innovation GmbH and Intervet International BV to bear their own costs and to pay those incurred by the European Medicines Agency (EMA).
____________
1 OJ C 231, 2.7.2018.