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Case T-570/22: Judgment of the General Court of 25 September 2024 – Herbert Smith Freehills v Commission (Access to documents – Regulation (EC) No 1049/2001 – Public health – Delegated Directive (EU) 2022/2100 – Withdrawal of certain exemptions for heated tobacco products – Preparatory documents – Databases – Article 2(3) of Regulation No 1049/2001 – Documents held by an institution – Declaration of non-existence – Presumption of lawfulness)
ECLI:EU:UNKNOWN:62022TA0570
62022TA0570
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Official Journal of the European Union
C series
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C/2024/6654
11.11.2024
(Case T-570/22)
(Access to documents - Regulation (EC) No 1049/2001 - Public health - Delegated Directive (EU) 2022/2100 - Withdrawal of certain exemptions for heated tobacco products - Preparatory documents - Databases - Article 2(3) of Regulation No 1049/2001 - Documents held by an institution - Declaration of non-existence - Presumption of lawfulness)
(C/2024/6654)
Language of the case: English
Parties
Applicant: Herbert Smith Freehills LLP (Brussels, Belgium) (represented by: P. Wytinck, lawyer)
Defendant: European Commission (represented by: A. Spina, F. van Schaik and M. Burón Pérez, acting as Agents)
Re:
By its action pursuant to Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2022) 4816 final of 3 July 2022 adopted pursuant to Article 4 of the Implementing Rules to Regulation (EC) No 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).
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2022) 4816 final of 3 July 2022 in so far as it refuses to disclose the data extracted from the Euromonitor database;
2.Dismisses the action as to the remainder;
3.Orders the European Commission and Herbert Smith Freehills LLP to bear their own costs.
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(1)
OJ C 451, 28.11.2022.
ELI: http://data.europa.eu/eli/C/2024/6654/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: English.