Judgment of the General Court of 11 July 2018 — Rogesa v Commission
(Case T-643/13) 1
(Access to documents — Regulation (EC) No 1049/2001 — Scheme for greenhouse gas emission allowance trading — Request for access to information relating to the determination of the most efficient 10% of the steel industry installations — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment — Observance of time-limits)
Language of the case: German
Parties
Applicant: Rogesa Roheisengesellschaft Saar mbH (Dillingen, Germany) (represented by: S. Altenschmidt and P.-A. Schütter, lawyers)
Defendant: European Commission (represented by: F. Clotuche-Duvieusart and B. Martenczuk initially, then F. Clotuche-Duvieusart and H. Krämer, Agents)
Re:
Application on the basis of Article 263 TFEU, seeking the annulment of the Commission decision dated 25 September 2013 refusing to grant the applicant access to documents which contain information on the basis of assessment used by the Commission to determine the most efficient 10% of the installations used as a starting point for defining the principles for setting ex ante benchmarks, in accordance with Article 10a of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Rogesa Roheisengesellschaft Saar mbH to pay the costs.
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1 OJ C 45, 15.2.2014.