PlasticsEurope v ECHA (Research and technological development - Confidentiality - Order) [2020] EUECJ C-876/19P_CO (14 February 2020)

PlasticsEurope v ECHA (Research and technological development - Confidentiality - Order) [2020] EUECJ C-876/19P_CO (14 February 2020)

Confidential treatment previously granted in first instance proceedings should be maintained in appeal proceedings for the same material vis-à-vis the same party, unless opposed.

Citation
[2020] EUECJ C-876/19P_CO
Parties
Applicant: PlasticsEurope; Defendant at First Instance: European Chemicals Agency (ECHA); Intervener at First Instance: French Republic; Intervener at First Instance: ClientEarth
Jurisdiction
European Union
Judgment Date
14 February 2020
Procedural Posture
Appeal / Order on Confidentiality During Appeal
Outcome
Confidential treatment granted for specified information vis-à-vis the French Republic; costs reserved.
Legal Topics
Confidentiality, Research and Technological Development, Appeal Procedure
European Union Law Administrative Law Confidentiality Research and Technological Development Appeal Procedure

Case Brief

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Parties

PlasticsEurope

Applicant

European Chemicals Agency (ECHA)

Defendant at First Instance

French Republic

Intervener at First Instance

ClientEarth

Intervener at First Instance

Procedural Posture

Appeal / Order on Confidentiality During Appeal

Legal Issues

  1. 1 Whether confidential treatment should be maintained for certain information in the appeal vis-à-vis the French Republic

Ratio Decidendi

Confidential treatment previously granted in first instance proceedings should be maintained in appeal proceedings for the same material vis-à-vis the same party, unless opposed.

Court Disposition

Confidential treatment granted for specified information vis-à-vis the French Republic; costs reserved.

Orders

  • Confidential treatment is granted, vis-à-vis the French Republic, to certain information contained in Annex P.3 to the appeal of PlasticsEurope, which is the same as that previously treated as confidential in the first instance; only the non-confidential version of those documents shall be served on the French...
  • Costs are reserved.