Action brought on 24 November 2023 – AQ v ECHA

(Case T-1101/23)

Language of the case: English

Parties

Applicant: AQ (represented by: C. Mereu and I. Zonca, lawyers)

Defendant: European Chemicals Agency

Form of order sought

The applicant claims that the Court should:

annul the decision issued by the European Chemicals Agency on 14 September 2023 in the procedure ATD/040/2023. ¹

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging that the defendant made a manifest error of assessment when considering whether the disclosure of certain confidential information would have undermined the applicant’s commercial interests as per Article 4(2) of Regulation 1049/2001. ¹

Second plea in law, alleging that the defendant breached the principle of proportionality by basing the contested decision exclusively on the principle of transparency without balancing the different interests that apply.

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¹ This is an access to documents procedure.

¹ Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).