Official Journal of the European Union

C 372/13

(Case T-516/11) (<span class="super">1</span>)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a study of the costs and benefits to merchants of accepting different payment methods - Documents drawn up by a third party - Refusal of access - Exception relating to the protection of the decision-making process - Exception relating to the protection of the commercial interests of a third party))

2014/C 372/17

Language of the case: English

Parties

Applicants: MasterCard, Inc. (Wilmington, Delaware, United States); MasterCard International, Inc., (New York, New York, United States); and MasterCard Europe (Waterloo, Belgium) (represented initially by B. Amory, V. Brophy and S. McInnes, and subsequently by B. Amory and V. Brophy, lawyers)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart and V. Bottka, Agents)

Re:

Action for annulment of the Commission decision of 12 July 2011 refusing the applicants access to certain documents drawn up by a third party relating to a study of the costs and benefits to merchants of accepting different payment methods.

Operative part of the judgment

The Court:

1)Annuls the decision of the European Commission of 12 July 2011 refusing MasterCard, Inc., MasterCard International, Inc. and MasterCard Europe access to certain documents drawn up by a third party relating to a study of the costs and benefits to merchants of accepting different payment methods in so far as it refuses access to the documents relating to:

—costs and benefits to merchants of accepting different payment methods (inception report of 2 June 2009);

—costs and benefits to merchants of accepting different payment methods — part 1 of the methodology report of 28 September 2009 [revised version incorporating comments received from stakeholders and the Competition Directorate-General (DG) of the European Commission];

—in-depth interview test results on costs of payments: analyses of the in-depth interviews held in the Netherlands, Hungary and the United Kingdom, 15 January 2010 (version provided on 9 March 2010);

—draft online questionnaire, 8 March 2010;

—results and conclusions of the internet feasibility test: draft report, 24 May 2010;

2)Orders the Commission to pay the costs.

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(<span class="super">1</span>) OJ C 347, 26.11.2011.