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Case T-311/23: Judgment of the General Court of 25 September 2024 – British American Tobacco Polska Trading v Commission (Access to documents – Council Regulation (EC) No 1049/2001 – Public health – Delegated Directive (EU) 2022/2100 – Withdrawal of certain exemptions for heated tobacco products – Preparatory documents – Databases – Article 2(3) of Regulation No 1049/2001 – Documents held by an institution – Declaration of non-existence – Presumption of lawfulness)

ECLI:EU:UNKNOWN:62023TA0311

62023TA0311

September 25, 2024
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Official Journal of the European Union

C series

C/2024/6657

(Case T-311/23)

(Access to documents - Council Regulation (EC) No 1049/2001 - Public health - Delegated Directive (EU) 2022/2100 - Withdrawal of certain exemptions for heated tobacco products - Preparatory documents - Databases - Article 2(3) of Regulation No 1049/2001 - Documents held by an institution - Declaration of non-existence - Presumption of lawfulness)

(C/2024/6657)

Language of the case: English

Parties

Applicant: British American Tobacco Polska Trading sp. z o.o. (Warsaw, Poland) (represented by: L. Van den Hende, M. Schonberg, J. Penz-Evren and E. White, lawyers)

Defendant: European Commission (represented by: M. Burón Pérez, Ș. Ciubotaru and F. van Schaik, acting as Agents)

Re:

By its action pursuant to Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2023) 5453 final of 4 August 2023 adopted pursuant to Article 4 of the Implementing Rules to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2023) 5453 final of 4 August 2023 in so far as it refuses to disclose the data extracted from the Euromonitor database;

2.Dismisses the action as to the remainder;

3.Orders the European Commission and British American Tobacco Polska Trading sp. z o.o. to bear their own costs.

*

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/6657/oj

ISSN 1977-091X (electronic edition)

* * *

(1) OJ C 286, 14.8.2023.

ECLI:EU:C:2025:140

15

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