Judgment_paragraph 60 · Deza, a.s. v European Chemicals Agency (T-189/14)

60First, as regards the disputed information relating to the scientific studies and the content thereof, it should first be pointed out that they relate to data which have been published and which are therefore accessible to the public. The same applies to the disputed information contained in the risk assessment report for 2008. This is an EU document which has also been published. The information at issue therefore constitutes a compilation of excerpts from the studies and reports mentioned above and describes their contents. It does not appear that the disclosure of the mere compilation of those descriptive data, which are publicly available, is sufficient to undermine the protection of the applicant’s commercial interests. Moreover, the applicant has not shown how, in the present case, that compilation of scientific data would constitute sensitive commercial data and how, if disclosed, its commercial interests would be undermined. It is only if the assessments made by the applicant when compiling this information provided added value — consisting of, for example, new scientific conclusions or relating to an inventive strategy which gives the undertaking a commercial advantage over its competitors (see, to that effect, orders of 13 February 2014, Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission, T‑578/13 R, not published, EU:T:2014:103, paragraph 60, and of 25 July 2014, Deza v ECHA, T‑189/14 R, not published, EU:T:2014:686, paragraph 54) — that they would then have fallen within the scope of commercial interests protected by Article 4(2) of Regulation No 1049/2001.