165The institutions’ interpretation is also not supported by the case-law on the protection of business secrets. According to that case-law, the protection of business secrets is a general principle of EU law (see the judgment of 29 March 2012 in Interseroh Scrap and Metals Trading, C‑1/11, ECR, EU:C:2012:194, paragraph 43 and the case-law cited). In addition, again according to that case-law, the maintenance of fair competition is an important public interest, the safeguarding of which can justify a refusal to disclose information which reveals business secrets (see, to that effect and by analogy, the judgment of 14 February 2008 in Varec, C‑450/06, ECR, EU:C:2008:91, paragraph 51). However, while it follows from those principles that an administrative authority or court of law must be able to refuse the disclosure of information that would damage those interests, including by giving precedence to those interests over the rights of defence of the parties with an interest in that disclosure, it does not follow that that authority or court would, for those reasons, be obliged to make such a refusal in all circumstances. On the contrary, the Court of Justice has already ruled that, where the nature of the procedure required it, the interests safeguarded by the special protection which business secrets enjoy must be balanced against the rights of defence of the interested parties to that procedure (see, to that effect and by analogy, judgment in Varec, EU:C:2008:91, paragraphs 43 and 51). Thus, as was recalled in paragraph 94 above, that is the case in an anti-dumping investigation procedure such as that in the present case, which means that, even in the case of information covered by business secrecy, the Commission cannot be placed under an absolute obligation to refuse its disclosure, without assessing the specific circumstances of the case and, in particular, the specific situation of the interested party concerned.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.