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Case T-875/16: Judgment of the General Court of 5 December 2018 — Falcon Technologies International v Commission (Access to documents — Regulation (EC) No 1049/2001 — Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Partial refusal of access)
ECLI:EU:UNKNOWN:62016TA0875
62016TA0875
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Official Journal of the European Union
C 44/27
(Case T-875/16) (*)
((Access to documents - Regulation (EC) No 1049/2001 - Evaluation report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices - Refusal of access - Exception relating to protection of commercial interests - Obligation to carry out a specific and individual examination - Overriding public interest - Partial refusal of access))
(2019/C 44/34)
Language of the case: Italian
Parties
Applicant: Falcon Technologies International LLC (Ras Al Khaimah, United Arab Emirates) (represented by: R. Sciaudone and G. Arpea, lawyers)
Defendant: European Commission (represented by: J. Baquero Cruz and D. Nardi, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Commission Decision C(2016) 6722 final of 14 October 2016 refusing to grant the applicant access to the document (DG (Santé) 2015-7552.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2016) 6722 final of 14 October 2016, in so far as it refused partial access to the document DG (Santé) 2015-7552;
2.Dismisses the action as to the remainder;
3.Orders Falcon Technologies International LLC and the European Commission each to bear their own costs.
(*)
Language of the case: Italian.
* * *
(1) OJ C 46, 13.2.2017.