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Case T-441/17: Judgment of the General Court of 11 December 2018 — Arca Capital Bohemia v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Partial refusal to grant access — Exception relating to the protection of commercial interests of third parties — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Obligation to carry out a specific and individual examination — Overriding public interest)

ECLI:EU:UNKNOWN:62017TA0441

62017TA0441

December 11, 2018
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25.2.2019

Official Journal of the European Union

C 72/28

(Case T-441/17) (<span class="super note-tag">1</span>)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure for reviewing State aid - Partial refusal to grant access - Exception relating to the protection of commercial interests of third parties - Exception relating to the protection of the purpose of inspections, investigations and audits - General presumption of confidentiality - Obligation to carry out a specific and individual examination - Overriding public interest))

(2019/C 72/36)

Language of the case: English

Applicant: Arca Capital Bohemia a.s. (Prague, Czech Republic) (represented by: M. Nedelka, lawyer)

Defendant: European Commission (represented by: A. Bouchagiar and A. Buchet, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment, first, of the decision allegedly contained in the Commission’s response of 13 March 2017 to the initial application for access to documents relating to a procedure for reviewing State aid and, secondly, of Commission Decision C(2017) 3129 final of 4 May 2017 refusing to grant such access.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Arca Capital Bohemia a.s. to pay the costs.

(<span class="note"> <a id="ntr1-C_2019072EN.01002802-E0001" href="#ntc1-C_2019072EN.01002802-E0001">*1</a> </span>) OJ C 347, 16.10.2017.

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