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Case T-127/23: Judgment of the General Court of 22 January 2025 – eClear v Commission (Access to documents – Regulation (EC) No 1049/2001 – Binding tariff information decisions – Refusal to grant access – Definition of document – Substantial investment – Exception relating to the protection of personal data – Exception relating to the protection of the commercial interests of a third party)
ECLI:EU:UNKNOWN:62023TA0127
62023TA0127
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Official Journal of the European Union
C series
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C/2025/1423
(Case T-127/23)
(Access to documents - Regulation (EC) No 1049/2001 - Binding tariff information decisions - Refusal to grant access - Definition of ‘document’ - Substantial investment - Exception relating to the protection of personal data - Exception relating to the protection of the commercial interests of a third party)
(C/2025/1423)
Language of the case: German
Parties
Applicant: eClear AG (Berlin, Germany) (represented by: R. Thomas and J. Jasper, lawyers)
Defendant: European Commission (represented by: M. Burón Pérez, A. Spina and M. Heller, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2023) 3193 final of 8 May 2023, in so far as it only granted the applicant access to the non-confidential versions of valid binding tariff information decisions (‘BTI decisions’) and refused access to other BTI decisions adopted between 1 January 2004 and 14 September 2022.
Operative part of the judgment
The Court:
1.Annuls section 2.4 and section 4, only in so far as that latter section refers to invalid binding tariff information decisions, of Commission Decision C(2023) 3193 final of 8 May 2023;
2.Dismisses the action as to the remainder;
3.Orders the European Commission to pay the costs.
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(1)
OJ C 155, 2.5.2023.
ELI: http://data.europa.eu/eli/C/2025/1423/oj
ISSN 1977-091X (electronic edition)
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