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Case T-611/15: Judgment of the General Court of 5 February 2018 — Edeka-Handelsgesellschaft Hessenring v Commission (Access to documents — Regulation (EC) No 1049/2001 — Table of contents of the Commission file relating to proceedings under Article 101 TFEU — Refusal of access — Obligation to state reasons — Obligation to inform about available remedies — Exception for the protection of the purpose of investigations — General presumption of confidentiality)
ECLI:EU:UNKNOWN:62015TA0611
62015TA0611
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19.3.2018
Official Journal of the European Union
C 104/29
(Case T-611/15) (<span class="super note-tag">1</span>)
((Access to documents - Regulation (EC) No 1049/2001 - Table of contents of the Commission file relating to proceedings under Article 101 TFEU - Refusal of access - Obligation to state reasons - Obligation to inform about available remedies - Exception for the protection of the purpose of investigations - General presumption of confidentiality))
(2018/C 104/37)
Language of the case: German
Parties
Applicant: Edeka-Handelsgesellschaft Hessenring mbH (Melsungen, Germany) (represented by: E. Wagner and H. Hoffmeyer, lawyers)
Defendant: European Commission (represented by: initially F. Clotuche-Duvieusart, L. Wildpanner and A. Buchet, then F. Clotuche-Duvieusart, A. Buchet and F. Erlbacher and finally F. Clotuche-Duvieusart and A. Buchet, acting as Agents)
Re:
First, action based on Article 263 TFEU and seeking annulment of the Commission decision of 3 September 2015 refusing the applicant access to the non-confidential version of the Commission decision of 4 December 2013 relating to proceedings under Article 101 TFEU and of Article 53 of the EEA Agreement [Case AT.39914 — Euro Interest Rate Derivatives (EIRD) — Settlement procedure] and to the table of contents of the administrative file of that procedure and, secondly, action based on Article 265 TFEU and seeking a declaration that the Commission unlawfully failed to establish a non-confidential version of Decision C(2013) 8512 final and of the table of contents relating to that procedure.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Edeka-Handelsgesellschaft Hessenring mbH to pay the costs.
(<span class="note">1</span>) OJ C 27, 25.1.2016.