8.8.2022

Official Journal of the European Union

C 303/51

(Case T-332/22)

(2022/C 303/66)

Language of the case: Dutch

Parties

Applicant: TotalEnergies Marketing Nederland NV (The Hague, Netherlands) (represented by: C. van Heezik, lawyer)

Defendant: European Commission

Form of order sought

—annul the Commission decision of 23 March 2022 in case numbers GASTDEM 2021/4203, 2021/4204, 2021/4205, 2021/4206 and 2021/4207 with a view to ensuring that the documents concerned must still be made public;

—order the Commission to pay the costs incurred by the applicant in these proceedings, including the costs incurred by it in connection with legal aid.

Pleas in law and main arguments

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

1.First plea in law, alleging that the Commission wrongly and unlawfully failed to submit an inventory list and wrongly failed to provide reasons for why no inventory list was submitted. A full refusal of the inventory list is disproportionate and is disproportionate to the aim pursued. In particular, it is impossible to see how the provision of the inventory list sought will harm the commercial interests and investigations within the meaning of Article 4(2) of Regulation (EC) No 1049/2001.

2.Second plea in law, alleging that the Commission wrongly and unlawfully brought the data GESTDEM 2021/4203 and GESTDEM 2021/4204 within the scope of a general presumption of confidentiality. The applicant does not see how any communication between the Commission and the Netherlands competition authority should belong in the administrative file. Documents which are not part of that file cannot simply be brought within that presumption.