Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... certain exemptions for heated tobacco products – Preparatory documents – Databases – Article 2(3) of Regulation No 1049/2001 – Documents held by an institution – Declaration of non-existence – Presumption of lawfulness )

In Case T‑570/22,

Herbert Smith Freehills LLP, established in Brussels (Belgium), represented by P. Wytinck, lawyer,

applicant,

v

European Commission, represented by A. Spina, F. van Schaik and M. Burón Pérez, acting as Agents,

defendant,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, R. Norkus and L. Spangsberg Grønfeldt (Rapporteur), Judges,

Registrar: P. Cullen, Administrator,

having regard to the written part of the procedure,

further to the hearing on 25 April 2024,

gives the following

Judgment

1. By its action pursuant to Article 263 TFEU, the applicant, Herbert Smith Freehills LLP, seeks the annulment of Commission Decision C(2022) 4816 final of 3 July 2022 adopted pursuant to Article 4 of the Implementing Rules 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) (‘the contested decision’).

Background to the dispute

Procedure for the adoption of Delegated Directive (EU) 2022/2100

2. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1) regulates the placing ...