Judgment of the General Court (First Chamber) of 7 July 2010 – Agrofert Holding v Commission

(Case T-111/07)

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure concerning a merger between undertakings – Refusal to grant access

European Union – Institutions – Right of public access to documents – Regulation No 1049/2001 – Exceptions to the right of access to documents (European Parliament and Council Regulation No 1049/2001, Arts 4(2), 1st to 3rd indents, 3 and 6) (see paras 58-61, 64, 76-77, 79-80, 89, 94-99, 101-104, 110-116, 124-129, 131-132, 141-142, 144)

Re:

ACTION for annulment of, first, the Commission’s decision of 2 August 2006 refusing the applicant access to documents concerning the notification and pre notification procedure in relation to the acquisition of Unipetrol by Polski Koncern Naftowy Orlen SA (COMP/M.3543) and, second, Commission Decision D (2007) 1360 of 13 February 2007 confirming that refusal.

Operative part

The Court:

1. Declares that the head of claim seeking annulment of the reply of the European Commission of 2 August 2006 and that requesting the Court to order the Commission to provide the applicant with the documents requested are inadmissible;

2. Annuls Commission Decision D (2007) 1360 of 13 February 2007 refusing access to documents in Case COMP/M.3543 concerning the merger between Polski Koncern Naftowy Orlen SA and Unipetrol, exchanged between the Commission and the notifying parties and between the Commission and third parties, and refusing access to the internal documents and legal advice drawn up in that case;

3. Orders the Commission to pay the costs;

4. Orders the Kingdom of Sweden, the Republic of Finland, the Kingdom of Denmark and Polski Koncern Naftowy Orlen to bear their own respective costs.