Access to information as a procedural right of a cartel victim as recognized by EU law* The judgement in Commission v EnBW (C-365/12, 27 February 2014) has already awakened a lot of interest. The facts are very simple. EnBW, an energy-distribution company requires access to the cartel file documents related to the prosecution of a number of GIS producers in 2007 and the Commission rejects this application. Following the action for judicial review, the GC annuls the contested decision in its entirety. EnBW mentioned its intention to bring an action for damages against the GIS cartelists. The Commission affirms first its entitlement to presume that certain documents were covered by the exceptions in article 4(2) and argues that the applicant has not showed any evidence that his
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The EU Court of Justice conditionates the access upon proof of the utter dependence on disclosure of the documents contained by the file (Energie Baden-Württemberg)
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