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Case T-134/20: Judgment of the General Court of 2 March 2022 — Huhtamaki v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a State aid investigation — Advance tax agreements — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Not irrebuttable — Obligation to state reasons)
ECLI:EU:UNKNOWN:62020TA0134
62020TA0134
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25.4.2022
Official Journal of the European Union
C 171/26
(Case T-134/20) (*)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a State aid investigation - Advance tax agreements - Refusal of access - Exception relating to the protection of the commercial interests of a third party - Exception relating to the protection of the purpose of inspections, investigations and audits - General presumption of confidentiality - Not irrebuttable - Obligation to state reasons)
(2022/C 171/33)
Language of the case: English
Parties
Applicant: Huhtamaki Sàrl (Senningerberg, Luxembourg) (represented by: M. Struys and F. Pili, lawyers)
Defendant: European Commission (represented by: K. Herrmann and A. Spina, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2019) 9417 final of 18 December 2019 rejecting the confirmatory application for access to documents relating to a State aid investigation made by the applicant pursuant 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(2019) 9417 final of 18 December 2019 rejecting the confirmatory application for access to documents relating to a State aid investigation made by Huhtamaki Sàrl pursuant 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;
2.Dismisses the action as to the remainder;
3.Orders the European Commission to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2022:140