Judgment_paragraph 166 · Daimler AG v European Commission (T-128/14)

166In that regard, first of all, it should be observed that the Commission acknowledged, in its answers to the written questions put by the Court, that the requested documents had not been placed on the EU Pilot 5160/11 file. The Court of Justice has considered that the fact that documents had been placed on the file in an administrative procedure was decisive for the purpose of concluding that those documents were connected with that procedure (see, to that effect, judgment of 16 July 2015, ClientEarth v Commission, C‑612/13 P, EU:C:2015:486, paragraph 76). The applicant is therefore correct to maintain that the Commission cannot rely on the general presumption of non-disclosure of the documents relating to EU Pilot procedures, recognised by the General Court in the judgment of 25 September 2014, Spirlea v Commission (T‑306/12, EU:T:2014:816, paragraphs 19, 22 and 39), which was upheld by the judgment of 11 May 2017, Sweden v Commission (C‑562/14 P, EU:C:2017:356).