Judgment of the General Court of 12 February 2019 — Hércules Club de Fútbol v Commission
(Case T-134/17) 1
(Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal of access — Lis alibi pendens — Exception relating to protection of the purpose of inspections, investigations and audits — Exception relating to protection of the commercial interests of a third party — Obligation to conduct a specific and individual examination — Overriding public interest)
Language of the case: Spanish
Parties
Applicant: Hércules Club de Fútbol, SAD (Alicante, Spain) (represented by: S. Rating and Y. Martínez Mata, lawyers)
Defendant: European Commission (represented by: J. Baquero Cruz, G. Luengo and P. Němečková, acting as Agents)
Re:
Action under Article 263 TFEU seeking annulment of Commission Decision C(2017) 736 final of 2 February 2017, refusing Hércules Club de Fútbol access to documents relating to the procedure for reviewing State aid SA.363872.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Hércules Club de Fútbol, SAD to pay the costs, including those relating to the application for interim measures.
____________
1 OJ C 144, 8.5.2017.