14.8.2010

Official Journal of the European Union

C 221/35

(Case T-111/07) (<span class="super">1</span>)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure concerning a merger between undertakings - Refusal to grant access)

2010/C 221/54

Language of the case: English

Parties

Applicant: Agrofert Holding a.s. (Pyšelská, Czech Republic) (represented by: R. Pokorný and D. Šalek, lawyers)

Defendant: European Commission (represented by: X. Lewis and P. Costa de Oliveira, and subsequently by P. Costa de Oliveira and V. Bottka, acting as Agents)

Interveners in support of the applicant: Kingdom of Sweden (represented initially by A. Kruse and S. Johannesson, and subsequently by S. Johannesson, Agents), Republic of Finland (represented by J. Himmanen, A. Guimaraes-Purokoski, J. Heliskoski and M. Pere, Agents), Kingdom of Denmark (represented by B. Weis Fogh, Agent)

Intervener in support of the defendant: Polski Koncern Naftowy Orlen SA, (Płock, Poland), (represented by S. Sołtysiński, K. Michałowska and M. Olechowski, lawyers)

Re:

Action for annulment of, first, the Commission’s decision of 2 August 2006 refusing the applicant access to documents concerning the notification and pre notification procedure in relation to the acquisition of Unipetrol by Polski Koncern Naftowy Orlen SA (COMP/M.3543) and, second, Commission Decision D(2007) 1360 of 13 February 2007 confirming that refusal

Operative part of the judgment

The Court:

1.Declares that the head of claim seeking annulment of the reply of the European Commission of 2 August 2006 and that requesting the Court to order the Commission to provide the applicant with the documents requested are inadmissible;

2.Annuls Commission Decision D(2007) 1360 of 13 February 2007 refusing access to documents in Case COMP/M.3543 concerning the merger between Polski Koncern Naftowy Orlen SA and Unipetrol, exchanged between the Commission and the notifying parties and between the Commission and third parties, and refusing access to the internal documents and legal advice drawn up in that case;

3.Orders the Commission to pay the costs;

4.Orders the Kingdom of Sweden, the Republic of Finland, the Kingdom of Denmark and Polski Koncern Naftowy Orlen to bear their own respective costs.

(<span class="super">1</span>) OJ C 129, 9.6.2007.