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Case C-615/13 P: Judgment of the Court (Second Chamber) of 16 July 2015 — ClientEarth, Pesticide Action Network Europe (PAN Europe) v European Food Safety Authority (EFSA), European Commission (Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Article 4(1)(b) — Regulation (EC) No 45/2001 — Article 8 — Exception to right of access — Protection of personal data — Concept of ‘Personal data’ — Conditions for transfer of personal data — Names of authors of each comment on European Food Safety Authority (EFSA) draft guidance relating to scientific documents to be included in applications for authorisation to place plant protection products on the market — Refusal of access)

ECLI:EU:UNKNOWN:62013CA0615

62013CA0615

July 16, 2015
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21.9.2015

Official Journal of the European Union

C 311/5

(Case C-615/13 P) (<span class="super">1</span>)

((Appeal - Access to documents of the institutions of the European Union - Regulation (EC) No 1049/2001 - Article 4(1)(b) - Regulation (EC) No 45/2001 - Article 8 - Exception to right of access - Protection of personal data - Concept of ‘Personal data’ - Conditions for transfer of personal data - Names of authors of each comment on European Food Safety Authority (EFSA) draft guidance relating to scientific documents to be included in applications for authorisation to place plant protection products on the market - Refusal of access))

(2015/C 311/05)

Language of the case: English

Parties

Appellants: ClientEarth, Pesticide Action Network Europe (PAN Europe) (represented by: P. Kirch, lawyer)

Other parties to the proceedings: European Food Safety Authority (EFSA) (represented by: D. Detken and C. Pintado, acting as Agents), European Commission (represented by B. Martenczuk and L. Pignataro-Nolin, acting as Agents)

Intervener in support of the defendants: European Data Protection Supervisor (EDPS) (represented by A. Buchta and M. Pérez Asinari, acting as Agents)

Operative part of the judgment

The Court:

1)Sets aside the judgment of the General Court of the European Union in ClientEarth and PAN Europe v EFSA (T-214/11, EU:T:2013:483);

2)Annuls the decision of the European Food Safety Authority (EFSA) of 12 December 2011;

3)Orders the European Food Safety Authority (EFSA) to bear its own costs and to pay the costs incurred by ClientEarth and Pesticide Action Network Europe (PAN Europe) in the appeal and in the proceedings at first instance;

4)Orders the European Commission to bear its own costs relating to the appeal and the proceedings at first instance;

5)Orders the European Data Protection Supervisor (EDPS) to bear its own costs relating to the appeal proceedings.

(<span class="super">1</span>) OJ C 71, 8.3.2014.

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