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Case C-178/18 P: Judgment of the Court (Fourth Chamber) of 22 January 2020 — MSD Animal Health Innovation GmbH, Intervet International BV v European Medicines Agency (EMA) (Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a veterinary medicinal product — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality)
ECLI:EU:UNKNOWN:62018CA0178
62018CA0178
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Official Journal of the European Union
C 77/4
(Case C-178/18 P) (*)
(Appeal - Access to documents of EU institutions, bodies, offices or agencies - Regulation (EC) No 1049/2001 - First indent of Article 4(2) - Exception relating to the protection of commercial interests - Article 4(3) - Protection of the decision-making process - Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a veterinary medicinal product - Decision to grant a third party access to the documents - General presumption of confidentiality - No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality)
(2020/C 77/05)
Language of the case: English
Parties
Appellants: MSD Animal Health Innovation GmbH, Intervet International BV (represented by: C. Thomas, Barrister, J. Stratford QC, B. Kelly, Solicitor, and P. Bogaert, advocaat)
Other party to the proceedings: European Medicines Agency (initially represented by: T. Jabłoński, S. Marino, S. Drosos and A. Rusanov, subsequently by T. Jabłoński, S. Marino and S. Drosos, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders MSD Animal Health Innovation GmbH and Intervet International BV to bear their own costs and to pay those incurred by the European Medicines Agency (EMA).
(*)
OJ C 231, 2.7.2018.