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(Case T-245/11)(Access to documents - Regulation (EC) No 1049/2001 - Documents held by ECHA - Documents deriving from a third party - Time-limit for response to an application for access - Refusal of access - Exception relating to protection of the commercial interests of a third party - Exception relating to protection of the decision-making process - Overriding public interest - Environmental information - Emissions into the environment)
(2015/C 371/22)
Language of the case: English
Applicants: ClientEarth (London, United Kingdom) and The International Chemical Secretariat (Gothenburg, Sweden) (represented by: P. Kirch, lawyer)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and T. Zbihlej, acting as Agents, and by D. Abrahams, Barrister)
Interveners in support of the defendant: European Commission (represented initially by E. Manhaeve, P. Oliver and C. ten Dam, and subsequently by E. Manhaeve, P. Oliver and F. Clotuche-Duvieusart, and latterly by E. Manhaeve, F. Clotuche-Duvieusart and J. Tomkim, acting as Agents); and European Chemical Industry Council (Cefic) (Brussels, Belgium) (represented by: Y. van Gerven and M. Bronckers, lawyers)
Application for the annulment of the ECHA decision of 4 March 2011 refusing access to information supplied in the context of the procedure for registration of certain chemical substances.
The Court:
1.Declares that there is no need to adjudicate on the action for annulment of the decision of the European Chemicals Agency (ECHA) of 4 March 2011, in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns the names and contact details of 6 611 companies which were accessible over the Internet on 23 April 2014;
2.Annuls the ECHA decision of 4 March 2011 in so far as it refused to disclose information requested by point 1 of the request for information, to the extent that point 1 concerns information not yet disclosed on 23 April 2014;
3.Dismisses the action as to the remainder;
4.Orders each party, including the European Commission and the European Chemical Industry Council (Cefic), to bear its own costs.
(1) OJ C 194, 2.7.2011.
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Language of the case: English