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Case C-135/22 P: Judgment of the Court (Tenth Chamber) of 7 September 2023 — Patrick Breyer v European Research Executive Agency (Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception to the right of access — Protection of commercial interests — Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) — Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project — Decision of the European Research Executive Agency (REA) refusing access to certain information — Overriding public interest)
ECLI:EU:UNKNOWN:62022CA0135
62022CA0135
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Official Journal of the European Union
Series C
C/2023/193
(Case C-135/22 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Access to documents of the institutions of the European Union - Regulation (EC) No 1049/2001 - First indent of Article 4(2) - Exception to the right of access - Protection of commercial interests - Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) - Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project - Decision of the European Research Executive Agency (REA) refusing access to certain information - Overriding public interest)
(C/2023/193)
Language of the case: German
Parties
Appellant: Patrick Breyer (represented by: J. Breyer, Rechtsanwalt)
Other party to the proceedings: European Research Executive Agency (represented by: V. Canetti and S. Payan-Lagrou, acting as Agents, and by R. van der Hout and C. Wagner, Rechtsanwälte)
Intervener in support of the respondent: European Commission (represented by F. Erlbacher, A.-C. Simon and A. Spina, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Mr Patrick Breyer to bear his own costs and to pay those incurred by the European Research Executive Agency (REA);
3.Orders the European Commission to bear its own costs.
*
Language of the case: German.
ELI: http://data.europa.eu/eli/C/2023/193/oj
ISSN 1977-091X (electronic edition)