Official Journal of the European Union

EN

C series

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C/2024/5826

(Case T-367/24)

(C/2024/5826)

Language of the case: English

Parties

Applicant: Evroins inshurans grup AD (Sofiya, Bulgaria) (represented by: H. Drăghici and F. Giurgea, lawyers)

Defendant: European Insurance and Occupational Pensions Authority

Form of order sought

The applicant claims that the Court should:

—annul Decision No. BoA-O-2024-03 of the Board of Appeal of the European Supervisory Authorities initially rendered on 24 June 2024 and subsequently on 1 July 2024 (‘the contested decision’) and, consequently, direct the Board of Appeal of the European Supervisory Authorities not to publish Decision No. BoA-D-2024-02 of 11 March 2024 or, in the alternative, to publish only a redacted version of decision No. BoA-D-2024-02 of 11 March 2024;

—order the European Supervisory Authorities and EIOPA to pay to Euroins the ensuing costs related to this procedure.

Pleas in law and main arguments

In support of the action, the applicant relies on the following two pleas in law.

1.First plea in law, alleging that the Board of Appeal of the European Supervisory Authorities breached Regulation (EU) No 1094/2010 of the European Parliament and of the Council, the Board of Appeal of the European Supervisory Authorities Procedural Rules, and the FEU Treaty:

—the Board of Appeal of the European Supervisory Authorities erred in law when it dismissed the request of the applicant not to publish Decision No. BoA-D-2024-02 or to partially redact Decision No. BoA-D-2024-02;

—the Board of Appeal of the European Supervisory Authorities failed to observe that application of confidentiality rules is necessary to protect the interests of the applicant. A full or partial disclosure of the Decision No. BoA-D-2024-02 will (i) bring serious damages to the reputation of Euroins and Euroins Romania; (ii) affect the public interest; and (iii) would lead to disclosure of certain commercially sensitive information to third parties.

2.Second plea in law, alleging that the contested decision was issued in breach of the general principle of EU law on equal treatment. The contested decision was issued in breach of the principle of equal treatment, mainly because the Board of Appeal of the European Supervisory Authorities failed to consider whether EIOPA acted in a non-objective and discriminatory manner towards the applicant.

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Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ 2010 L 331, p. 48).

ELI: http://data.europa.eu/eli/C/2024/5826/oj

ISSN 1977-091X (electronic edition)

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