Order of the President of the General Court of 13 February 2014 — Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission

(Case T-578/1 R)

(Application for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to the inclusion of an active substance — Rejection of the request for confidential treatment of certain information — Application for suspension of operation of a measure — Admissibility — Urgency — Prima facie case — Weighing up of the interests involved)

Language of the case: English

Parties

Applicants: Luxembourg Pamol (Cyprus) Ltd (Nicosia, Cyprus); and Luxembourg Industries Ltd (Tel-Aviv, Israel) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented by: G. von Rintelen and P. Ondrůšek, Agents)

Re:

Application for suspension of operation of the Commission’s decision communicated to the applicants by letter of the European Food Safety Authority (EFSA) of 8 October 2013 rejecting the request for confidential treatment of certain information contained in the peer review report and final addendum thereto concerning the inclusion of the active substance potassium phosphonates submitted by the applicants pursuant to Article 14 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) and Commission Regulation (EU) No 188/2011 of 25 February 2011 laying down detailed rules for the implementation of Directive 91/414 as regards the procedure for the assessment of active substances which were not on the market 2 years after the date of notification of that Directive (OJ 2011 L 53, p. 1)

Operative part of the order

Operation of the Commission’s decision communicated to Luxembourg Pamol (Cyprus) Ltd and Luxembourg Industries Ltd by letter of the European Food Safety Authority (EFSA) of 8 October 2013 rejecting their request for confidential treatment of certain information contained in the peer review report and final addendum thereto concerning the inclusion of the active substance potassium phosphonates is suspended.

The European Commission shall ensure that EFSA does not publish a version of the peer review report and final addendum thereto concerning the inclusion of the active substance potassium phosphonates that is more detailed than the redacted version included in the letter of Luxembourg Pamol (Cyprus) Ltd and Luxembourg Industries of 25 February 2013, as set out in Annex A3 to the application in the main proceedings.

The costs are reserved.