Imperial Chemical Industries plc v Commission of the European Communities (T-36/91)

Judgment of 29 Jun 1995

law://eu/cjeu/1991/t-36-91/para_45@2026-11-15

45In the applicant's opinion, recent case-law is not inconsistent with the position adopted by it in the present case. The judgment in Joined Cases 43/82 and 63/82 VBVB and VBBB v Commission [1984] ECR 19, according to which there is no obligation on the Commission to divulge its files to the interested parties, was given in a case in which the Commission decision at issue had been made before the adoption of the Twelfth Report on Competition Policy. The judgment in Case C-62/86 AKZO v Commission [1991] ECR I-3359 (AKZO II), in which the Court confirmed the approach adopted in VBVB and VBBB v Commission concerns a question which is totally different from the one at issue in these proceedings, namely the question of access to an internal document which is therefore protected from any disclosure even under the terms of the Twelfth Report on Competition Policy. Moreover, certain judgments of the Court of Justice are more favourable to the rights of the defence. The applicant refers in this regard to the judgment in Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck and Others v Commission [1980] ECR 3125 which imposed on the Commission a wider obligation to supply the details necessary to the defence; Case 107/82 AEG v Commission [1983] ECR 3151; Case C-49/88 Al-Jubail Fertilizer v Council [1991] ECR I-3187 and to the Opinion of Advocate General Dormán and the judgment in Case 85/87 Dow Benelux v Commission [1989] ECR 3137, Case 374/87 Orkem v Commission [1989] ECR3283 and Case 27/88 Solvay v Commission [1989] ECR 3355.

Imperial Chemical Industries plc v Commission of the European Communities (T-36/91)

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