![]() ![]() ![]() ![]() Having regard to the written part of the procedure,įurther to the hearing on 9 February 2023,ġ By its action under Article 263 TFEU, the applicant, Troy Chemical Company BV, seeks the annulment of Commission Decision C(2021) 5968 final of 5 August 2021 (‘the contested decision’), by which the Commission refused the applicant access to certain parts of four documents the disclosure of which had been sought in a request made pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).Ģ The applicant is a company governed by Netherlands law which places biocidal products on the EU market, in particular film preservatives and masonry preservatives containing carbendazim.ģ On 25 February 2021, the European Commission adopted Implementing Regulation (EU) 2021/348 of 25 February 2021 approving carbendazim as an existing active substance for use in biocidal products of product-types 7 and 10 (OJ 2021 L 68, p. 174), subject to certain specifications and conditions set out within that implementing regulation.Ĥ By application lodged at the Registry of the General Court on 21 May 2021, the applicant and Troy Corporation, its holding company, brought an action for the annulment of Implementing Regulation 2021/348, which was registered under number T‑297/21. Troy Chemical Company BV, established in Delft (Netherlands), represented by D. Abrahams, Z. Romata and H. Widemann, lawyers,Įuropean Commission, represented by C. Ehrbar, K. Herrmann and R. Lindenthal, acting as Agents,Ĭomposed of L. Truchot, President, M. Sampol Pucurull (Rapporteur) and T. Perišin, Judges, (Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest) JUDGMENT OF THE GENERAL COURT (Ninth Chamber) ![]()
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