84It should be borne in mind that, according to settled case-law, information that was secret or confidential, but dates from five years or more ago and must for that reason be considered historical, is neither secret nor confidential, unless, exceptionally, the applicant shows that, in spite of its age, that information still constitutes essential elements of its commercial position or that of a third party (order in Joined Cases T-1/89 to T-4/89 and T-6/89 to T-15/89 Rhône-Poulenc and Others v Commission [1990] ECR II-637, paragraph 23; see order of the President of the Fourth Chamber of the General Court in Case T-383/03 Hynix Semiconductor v Council [2005] ECR II-621, paragraph 60 and the case-law cited; and orders of the President of the Eighth Chamber of the General Court of 8 May 2012 in Case T‑108/07 Diamanthandel A. Spira v Commission, not published in the ECR, paragraph 65, and of 10 May 2012 in Case T‑354/08 Diamanthandel A. Spira v Commission, not published in the ECR, paragraph 47).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.