Language of document : ECLI:EU:C:2017:184

Provisional text


7 March 2017 (*)

(Intervention at first instance — Confidentiality)

In Case C‑606/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 24 November 2016,

Council of the European Union, represented by H. Marcos Fraile, acting as Agent, and by N. Tuominen, avocată,


the other parties to the proceedings being:

PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas), established in Medan (Indonesia), represented by S. De Knop and A. Willems, advocaten,

applicant at first instance,

European Commission,

European Biodiesel Board (EBB), established in Brussels (Belgium),

interveners at first instance,


having regard to the proposal of the Judge-Rapporteur, C. Lycourgos,

after hearing the Advocate General, M. Wathelet,

makes the following


1        By its appeal, the Council of the European Union asks the Court to set aside the judgment of the General Court of the European Union of 15 September 2016, PT Musim Mas v Council (T‑80/14, not published, EU:T:2016:504), by which the General Court annulled in part Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2) to the extent that it concerns PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas).

2        By document lodged at the Court Registry on 12 December 2016, PT Musim Mas requests the Court to grant confidential treatment, vis-à-vis the European Biodiesel Board (EBB), intervener at first instance, to certain material in its application at first instance, which is included as Annex A.2 to the appeal of the Council. To that end, PT Musim Mas has produced, in annex to its application for confidential treatment before the Court, a non-confidential version of the document for which that treatment is requested.

3        The material in the application at first instance of PT Musim Mas for which confidential treatment is requested concerns the information contained (i) in the two tables reproduced on page 14, paragraph 4.3.1, points 10 and 11 of that application and (ii) in the two tables reproduced on page 16, paragraph 5.1 of the same application.

4        It is necessary, in that regard, to recall that Article 171(1) of the Rules of Procedure of the Court provides that the appeal is to be served on the other parties to the relevant case before the General Court. Moreover, in accordance with Article 172 of those rules, any party to the relevant case before the General Court having an interest in the appeal being allowed or dismissed may submit a response within two months after service on him of the appeal. It follows from those provisions that the appeal and the other procedural documents lodged before the Court are also to be served, in principle, on the parties admitted as interveners before the General Court.

5        It is apparent from the file submitted to the Court that PT Musim Mas applied for confidential treatment for certain documents lodged during the proceedings before the General Court but did not request that its application at first instance be granted confidential treatment. Thus, it must be noted that the material in that application, referred to in paragraph 3 of the present order, was not granted confidential treatment in those proceedings. As that material is already known to the party in respect of which PT Musim Mas is making its request for confidentiality, granting such treatment to that material in the context of the present appeal would no longer serve any purpose.

6        It follows from the foregoing that the application for confidential treatment submitted by PT Musim Mas, as referred to in paragraph 3 of the present order, should be dismissed.

On those grounds, the President of the Court hereby orders:

1.      The application for confidential treatment is dismissed.

2.      The costs are reserved.

Luxembourg, 7 March 2017.

A. Calot Escobar


      K. Lenaerts




*      Language of the case: English.