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Case C-175/18 P: Judgment of the Court (Fourth Chamber) of 22 January 2020 — PTC Therapeutics International Ltd v European Medicines Agency, European Confederation of Pharmaceutical Entrepreneurs (Eucope) (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 medicinal product for human use — 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:62018CA0175
62018CA0175
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Official Journal of the European Union
C 77/2
(Case C-175/18 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 medicinal product for human use - 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 77/03)
Language of the case: English
Parties
Appellant: PTC Therapeutics International Ltd (represented by: G. Castle, B. Kelly, and K. Ewert, Solicitors, and by C. Thomas, Barrister, and M. Demetriou QC)
Other parties to the proceedings: European Medicines Agency (initially represented by: T. Jabłoński, S. Marino, S. Drosos, A. Spina and A. Rusanov, and subsequently by T. Jabłoński, S. Marino and S. Drosos, acting as Agents), European Confederation of Pharmaceutical Entrepreneurs (Eucope) (represented by: S. Cowlishaw, Solicitor, and D. Scannell, Barrister)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders PTC Therapeutics International Ltd to bear its own costs and to pay those incurred by the European Medicines Agency (EMA);
3.Orders the European Confederation of Pharmaceutical Entrepreneurs to bear its own costs.
(*)
Language of the case: English
(1) OJ C 231, 2.7.2018.
* * *
(*) Language of the case: English.