Orders (Information) nº T-621/17 of Tribunal General de la Unión Europea, October 12, 2018

• Resolution Date: October 12, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-621/17

Case T-621/17 R

(publication by extracts)

Taminco BVBA

v

European Food Safety Authority

(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Publication of the conclusion of the examination carried out by EFSA on the review of the approval of the active substance thiram - Claim for confidential treatment of certain sections - Refusal to grant confidentiality - Application for interim measures - Lack of urgency)

Summary - Order of the President of the General Court, 12 October 2018

1. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Assessment in litigation on the protection of confidential information - Necessity of satisfying the condition relating to the establishment of a prima facie case - Action against a decision of the European Food Safety Authority (EFSA) refusing confidential treatment of information prepared by it - Failure to establish the applicability of the confidential treatment procedure to the information concerned - No urgency

   (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 1107/2009, Art. 63)

2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Assessment in litigation on the protection of confidential information - Burden of proof with respect to the confidential nature of the information at issue

   (Arts 278 TFEU and 279 TFEU)

1. In interim proceedings, it is insufficient, for the purposes of being granted interim measures, to claim that the information which is to be disclosed is confidential where such a claim does not satisfy the condition relating to the establishment of a prima facie case.

   Thus, regarding an application seeking suspension of the operation of a decision of the European Food Safety Authority (EFSA) rejecting a claim for confidential treatment made in the context of the application for the renewal of the approval of an active substance, the condition relating to the establishment of a prima facie case is not satisfied, since the information concerned was prepared by EFSA in the context of the assessment of that application and it does not seem, a priori, capable of being defined as information for which confidential treatment may be claimed pursuant to Article 63(1) of Regulation No 1107/2009 concerning...