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Case T-168/17: Judgment of the General Court of 30 January 2020 — CBA Spielapparate- und Restaurantbetrieb v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality)
ECLI:EU:UNKNOWN:62017TA0168
62017TA0168
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Official Journal of the European Union
C 77/41
(Case T-168/17) (<span class="super note-tag">1</span>)
(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming - Refusal to grant access - Plea relating to the protection of the purpose of inspections, investigations and audits - Overriding public interest - Obligation to state reasons - Plea of illegality)
(2020/C 77/59)
Language of the case: German
Parties
Applicant: CBA Spielapparate- und Restaurantbetrieb GmbH (Vienna, Austria) (represented by A. Schuster, lawyer)
Defendant: European Commission (represented by C. Ehrbar, F. Erlbacher and K. Blanck, acting as Agents)
Interveners in support of the defendant: European Parliament (represented by N. Görlitz and D. Moore, acting as Agents), Council of the European Union (represented by M. Bauer and E. Rebasti, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision C(2017) 249 final of 13 January 2017 refusing the request for access to documents concerning Case SA.40224 [2014/CP] on the basis of Article 4 of 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).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CBA Spielapparate- und Restaurantbetrieb GmbH to bear its own costs and pay those incurred by the European Commission;
3.Orders the European Parliament and the Council of the European Union to bear their own costs.
(<span class="note">1</span>) OJ C 151, 15.5.2017.