Cases, Materials and News on European Civil Procedure

CJEU judgment in the Case C 60/15 P, 13 July 2017, Appeal under Article 56 of the Statute of the CJEU, Saint-Gobain Glass Deutschland GmbH – appellant – v. European Commission – defendant at first instance – Right of access to documents held by EU Institutions – Regulation (EC) No 1049/2001 – Exceptions to the right of access – Article 4(3), first subparagraph – Protection of the decision-making process of those institutions – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 6(1) – Public interest in the disclosure of environmental information – Partial refusal of access

The European Court of Justice (Fifth Chamber), in the Case C‑60/15 P, 13 July 2017, on an Appeal brought under Article 56 of the Statute of the CJEU on 11 February 2015, by Saint-Gobain Glass Deutschland GmbH appellant, v. European Commission, defendant at first instance, has decided as follows:

  1. Sets aside the judgment of the General Court of the European Union of 11 December 2014, Saint-Gobain Glass Deutschland v Commission (T‑476/12, not published, EU:T:2014:1059);
  2. Annuls the Commission’s decision of 17 January 2013 refusing full access to the list communicated by the Federal Republic of Germany to the Commission, under the procedure provided for in Article 15(1) of Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, to the extent that that document contains information relating to certain installations of Saint-Gobain Glass Deutschland GmbH, situated on German territory, relating to provisional allocations and activities and capacity levels in relation to carbon dioxide (CO2) emissions between 2005 and 2010, the efficiency of the installations and the annual emission quotas provisionally allocated for the period between 2013 and 2020;
  3. Orders the European Commission to pay the costs incurred by Saint-Gobain Glass Deutschland GmbH at first instance and in the present appeal proceedings.

Full text decision

Updated: July 13, 2017 — 3:30 pm

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