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24.10.2016 |
EN |
Official Journal of the European Union |
C 392/32 |
Judgment of the General Court of 15 September 2016 — Philip Morris v Commission
(Case T-18/15) (1)
((Access to documents - Regulation (EC) No 1049/2001 - Documents drawn up in the context of the preparatory works leading to the adoption of the directive 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 - Refusal to grant access - Exception relating to the protection of court proceedings - Exception relating to the protection of the decision-making process - Rights of the defence - Overriding public interest))
(2016/C 392/39)
Language of the case: English
Parties
Applicant: Philip Morris Ltd (Richmond, United Kingdom) (represented by: K. Nordlander and M. Abenhaïm, lawyers)
Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)
Re:
Application based on Article 263 TFEU and seeking annulment of Commission Decision Ares(2014) 3694540 of 6 November 2014, refusing access to certain documents relating to the adoption of 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).
Operative part of the judgment
The Court:
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1. |
Annuls Commission Decision Ares(2014) 3694540 of 6 November 2014, refusing access to certain documents relating to the adoption of 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, in so far as it refused access to the first three sentences of the third paragraph of Document No 6; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |