Judgment_paragraph 37 · Pergan Hilfsstoffe für industrielle Prozesse GmbH v Commission of the European Communities (T-474/04)

37As a preliminary point, the Court notes that the present action is directed against the contested decision, which was adopted on the basis of the third paragraph of Article 9 of Decision 2001/462, whereby the Commission rejected in part the applicants request for confidential treatment, on the ground that it related to certain passages of the non-confidential peroxides decision intended for publication. The aim of the present action is not therefore to challenge the lawfulness of the peroxides decision as such. Furthermore, it is common ground that the time-limit for any action against the peroxides decision, a copy of which was sent to the applicant on 19 February 2004, has expired and that, therefore, that decision has become final as regards the applicant to the extent that it is capable of producing definitive binding legal effects in regard to it.

Pergan Hilfsstoffe für industrielle Prozesse GmbH v Commission of the European Communities (T-474/04)

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