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Case T-552/19 OP: Judgment of the General Court of 28 September 2022 — Malacalza Investimenti v ECB (Access to documents — Decision 2004/258/EC — ECB’s decision to place Banca Carige under temporary administration — Refusal of access — Exception relating to the protection of the confidentiality of information protected as such under EU law — General presumption of confidentiality — Exception relating to the protection of the commercial interests of a particular natural or legal person, including intellectual property — Meaning of confidential information — Obligation to state reasons — Opposition)
ECLI:EU:UNKNOWN:62019TA0552(01)
62019TA0552(01)
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Official Journal of the European Union
C 463/23
(Case T-552/19 OP) (<span class="oj-super oj-note-tag">1</span>)
(Access to documents - Decision 2004/258/EC - ECB’s decision to place Banca Carige under temporary administration - Refusal of access - Exception relating to the protection of the confidentiality of information protected as such under EU law - General presumption of confidentiality - Exception relating to the protection of the commercial interests of a particular natural or legal person, including intellectual property - Meaning of confidential information - Obligation to state reasons - Opposition)
(2022/C 463/31)
Language of the case: Italian
Parties
Applicant in the main proceedings: Malacalza Investimenti Srl (Genoa, Italy) (represented by: P. Ghiglione, E. De Giorgi, L. Amicarelli and S. Casini, lawyers)
Defendant in the main proceedings: European Central Bank (represented by: A. Riso, F. von Lindeiner and M. Van Hoecke, acting as Agents, and by D. Sarmiento Ramírez-Escudero and O. Pollicino, lawyers)
Re:
By its action under Article 166(2) of the Rules of Procedure of the General Court, the European Central Bank (ECB) applies to have set aside the judgment of 25 June 2020, Malacalza Investimenti v ECB (T-552/19, EU:T:2020:294), which annulled ECB Decision LS/LdG/19/185 of 12 June 2019 refusing to grant access to the decision of the Governing Council of the ECB of 1 January 2019 placing Banca Carige SpA under temporary administration and other documents relating thereto.
Operative part of the judgment
The Court:
1.Dismisses the application to have set aside the judgment of 25 June 2020, Malacalza Investimenti v ECB, T-552/19, EU:T:2020:294, delivered by default, which annulled the ECB’s decision of 12 June 2019 refusing access to its decision of 1 January 2019 placing Banca Carige SpA under temporary administration and to other documents relating thereto and, consequently, confirms the annulment of the ECB’s decision of 12 June 2019 set out in the judgment by default;
2.Orders the ECB to pay the costs.
(<span class="oj-super">1</span>) OJ C 328, 30.9.2019.