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Case C-235/20 P: Appeal brought on 5 June 2020 by ViaSat, Inc. against the judgment of the General Court (Second Chamber) delivered on 26 March 2020 in Case T-734/17, ViaSat v Commission
ECLI:EU:UNKNOWN:62020CN0235
62020CN0235
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11.1.2021
Official Journal of the European Union
C 9/4
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(Case C-235/20 P)
(2021/C 9/05)
Language of the case: English
Parties
Appellant: ViaSat, Inc. (represented by: P. de Bandt, avocat, M. R. Gherghinaru, avocate, J. Ruiz Calzado, abogado, L. Marco Perpiñà, abogada)
Other parties to the proceedings: European Commission, Inmarsat Ventures Ltd
Form of order sought
The appellant claims that the Court should:
—declare the present appeal admissible and well-founded and, consequently,
—set aside the judgment under appeal and give a final judgment in this case ordering the Commission to provide the access to the documents requested,
—annul the decision of the Secretary-General of the Commission of 11 January 2018;
—order the Commission to pay the appellant’s costs.
Pleas in law and main arguments
First plea in law: error in law regarding the application of a general presumption of confidentiality to the requested documents and violation of Article 4(2) of Regulation No 1049/2001 (1) relating to the protection of commercial interests and of the duty to state reasons.
Second plea in law: Error in law regarding the existence of an overriding public interest in disclosure and violation of the last clause of Article 4(2) of Regulation No 1049/2001 relating to the protection of commercial interests.
(1) 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).
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