The EU Court of Justice gives a clear indication that sufficiently substantiated requests for access to documents from cartel victims are a matter of public interest (EnBW)

On 9 November 2007, Energie Baden-Württemberg AG (“EnBW”) sought from the European Commission (“Commission”), on the basis of Regulation No 1049/2001 [1] (the “Regulation”), access to all documents in the file relating to the proceeding that led to the adoption of the Gas insulated switchgear decision (“GIS decision”) [2] in order to bring a follow-on action for damages before a national court. After discussions with the Commission, EnBW excluded from its request three categories of documents, namely all documents (i) dealing exclusively with the structure of the undertakings concerned, (ii) relating exclusively to the identity of the addressees of the GIS decision, (iii) drawn up wholly in Japanese. Indeed, at the date on which the request access to documents was received, the Commission was

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  • CDC Cartel Damage Claims (Brussels)

Quotation

Vasil Savov, The EU Court of Justice gives a clear indication that sufficiently substantiated requests for access to documents from cartel victims are a matter of public interest (EnBW), 27 February 2014, e-Competitions Bulletin February 2014, Art. N° 64571

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