Judgment_paragraph 65 · Deza, a.s. v European Chemicals Agency (T-189/14)

65Lastly, the Court cannot accept the argument that the compilation of publicly available studies would have required the applicant to engage in research and reading work of an intellectual nature which would have a commercial value and which would therefore fall within the scope of the applicant’s commercial interest. The confidential or non-confidential nature of information is not determined by the work involved in compiling the data contained in studies available to the public. Rather, it was for the applicant to demonstrate that the document which represented the result of the compilation of publicly available information contained assessments providing added value within the meaning of paragraph 60 above and that that information thus fell within the scope of the commercial interest referred to in Article 4(2) of Regulation No 1049/2001.