Judgment of the Court (First Chamber) of 13 March 2019.AlzChem AG v European Commission.Appeal — Access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — General presumption of confidentiality of documents relating to an investigation procedure in the field of State aid

Judgment of the Court (First Chamber) of 13 March 2019 — AlzChem v Commission

(Appeal — Access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — General presumption of confidentiality of documents relating to an investigation procedure in the field of State aid — Scope)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Scope — Application to administrative files relating to procedures for reviewing State aid — General presumption that the exception applies to the right of access to all the documents in the administrative file — Request concerning only some of the documents in that file — Irrelevant

(European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent)

(see para. 31)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Invocation of a general presumption that the exception applies to the documents requested — Rebuttable

(European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent)

(see paras 37-39)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Overriding public interest justifying the disclosure of documents —Meaning — Obligation on the institution or body to balance the interests at stake

(European Parliament and Council Regulation No 1049/2001, Recital 2 and Art. 4(2), third indent)

(see para. 54)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Overriding public interest justifying the disclosure of documents —Meaning — Subjective interest of the person concerned in defending himself — Not included

(European Parliament and Council Regulation No 1049/2001, Art. 4(2))

(see para. 56)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Scope — Administrative activity of the Commission — Included

(European Parliament and Council Regulation No 1049/2001, Art. 4(2))

(see para. 65)

EU institutions — Right of public access to documents — Regulation No 1049/2001 — Exceptions to the right of access to documents — Protection of the purpose of inspections, investigations and audits — Invocation of a general presumption that the exception applies to the documents requested — Effects of applying the presumption — Disclosure of the content in part — Precluded

(European Parliament and Council Regulation No 1049/2001, Art. 4(2), third indent)

(see para. 70)

Operative part

The Court:

Dismisses the appeal;
Orders AlzChem AG to pay the costs.

( 1 ) OJ C 112, 26.3.2018.