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Case T-451/20: Judgment of the General Court of 24 May 2023 — Meta Platforms Ireland v Commission (Competition — Data market — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Request for information — Virtual data room — Obligation to state reasons — Legal certainty — Rights of the defence — Necessity of the information requested — Misuse of powers — Right to privacy — Proportionality — Principle of good administration — Professional secrecy)
ECLI:EU:UNKNOWN:62020TA0451
62020TA0451
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Official Journal of the European Union
C 235/31
(Case T-451/20) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Data market - Administrative procedure - Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 - Request for information - Virtual data room - Obligation to state reasons - Legal certainty - Rights of the defence - Necessity of the information requested - Misuse of powers - Right to privacy - Proportionality - Principle of good administration - Professional secrecy)
(2023/C 235/40)
Language of the case: English
Parties
Applicant: Meta Platforms Ireland Ltd, formerly Facebook Ireland Ltd (Dublin, Ireland) (represented by: D. Jowell KC, D. Bailey, Barrister, J. Aitken, D. Das, S. Malhi, R. Haria, M. Quayle, Solicitors, and T. Oeyen, lawyer)
Defendant: European Commission (represented by: G. Conte, C. Urraca Caviedes and C. Sjödin, acting as Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: S. Costanzo, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 3011 final of 4 May 2020 relating to a proceeding pursuant to Article 18(3) and to Article 24(1)(d) of Council Regulation (EC) No 1/2003 (Case AT.40628 — Facebook Data-related practices), as amended by Commission Decision C(2020) 9231 final of 11 December 2020.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Meta Platforms Ireland Ltd to bear its own costs and to pay those incurred by the European Commission, including those incurred in the proceedings for interim relief;
3.Orders the Federal Republic of Germany to bear its own costs.
(<span class="oj-super">1</span>) OJ C 287, 31.8.2020.