Eka Chemicals AB, v European Commission [2012] EUECJ T-345/12 (16 November 2012)

Eka Chemicals AB, v European Commission [2012] EUECJ T-345/12 (16 November 2012)

The application for interim measures is granted because the applicants have demonstrated urgency and a prima facie case that publication of the disputed information would cause serious and irreparable harm by undermining their fundamental rights to professional secrecy and effective judicial remedy. The legal questions raised are complex and unresolved, requiring detailed examination in the main proceedings. The balance of interests favours maintaining the status quo and preventing publication until the main action is decided.

Citation
[2012] EUECJ T-345/12
Parties
Applicant: Akzo Nobel NV; Applicant: Akzo Nobel Chemicals Holding AB; Applicant: Eka Chemicals AB; Defendant: European Commission
Jurisdiction
European Union
Judgment Date
16 November 2012
Procedural Posture
Application for Interim Measures / Interim Relief Order
Outcome
Application for interim measures granted in part; remainder dismissed.
Legal Topics
Leniency Programme, Confidentiality of Information, Professional Secrecy, Publication of Decisions, Interim Relief, Protection of Legitimate Expectations
Competition Law European Union Law Administrative Law Leniency Programme Confidentiality of Information Professional Secrecy Publication of Decisions Interim Relief +1 more

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Parties

Akzo Nobel NV

Applicant

Akzo Nobel Chemicals Holding AB

Applicant

Eka Chemicals AB

Applicant

European Commission

Defendant

Procedural Posture

Application for Interim Measures / Interim Relief Order

Legal Issues

  1. 1 Whether the Commission may publish a fuller non-confidential version of a competition decision containing information provided under the Leniency Notice
  2. 2 Whether the applicants are entitled to continued confidential treatment of information submitted under the Leniency Notice
  3. 3 Whether publication would infringe professional secrecy, legal certainty, and legitimate expectations

Ratio Decidendi

The application for interim measures is granted because the applicants have demonstrated urgency and a prima facie case that publication of the disputed information would cause serious and irreparable harm by undermining their fundamental rights to professional secrecy and effective judicial remedy. The legal questions raised are complex and unresolved, requiring detailed examination in the main proceedings. The balance of interests favours maintaining the status quo and preventing publication until the main action is decided.

Court Disposition

Application for interim measures granted in part; remainder dismissed.

Orders

  • Suspension of operation of Commission Decision C (2012) 3533 of 24 May 2012 rejecting the claim for confidential treatment.
  • Commission ordered to refrain from publishing a more complete version of Decision 2006/903/EC in relation to the applicants than that published in September 2007.