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Case T-311/23: Action brought on 26 May 2023 — British American Tobacco Polska Trading v Commission
ECLI:EU:UNKNOWN:62023TN0311
62023TN0311
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14.8.2023
EN
Official Journal of the European Union
C 286/30
(Case T-311/23)
(2023/C 286/41)
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 and J. Penz-Evren, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the European Commission’s decision of 20 March 2023 impliedly refusing the applicant’s requests for access to documents in request EASE 2022/6296, made pursuant to Article 8(3) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents; (1)
—order that the defendant pay the applicant’s costs in these proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the contested measure infringes Articles 2(1) and 2(3) of Regulation 1049/2001 on the ground that the European Commission failed to provide access to all documents falling within the scope of the applicant’s requests, namely:
—The intermediary documents pertaining to the preparation of the European Commission report on the establishment of a substantial change of circumstances for heated tobacco products, in line with Directive 2014/40/EU; (2) and
—Information from the underlying relevant databases that qualifies as existing documents falling within the scope of the requests.
2.Second plea in law, alleging failure to state reasons, as required by Article 296 TFEU.
(1) 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).
(2) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).