Judgment_paragraph 35 · Philip Morris Ltd v European Commission (T-796/14)

35Both in the context of the protection of legal advice and in the context of the protection of court proceedings, the Commission considered that full disclosure of the requested documents could have a negative effect on its ability effectively to defend the validity of the TPD. It stated that the likelihood of the protected interests being compromised was not hypothetical but genuine and tangible, and mentioned, in that regard:— the action brought by Poland before the Court of Justice of the European Union against the European Parliament and the Council of the European Union (a case which has since given rise to the judgment of 4 May 2016, Poland v Parliament and Council (C‑358/14, EU:C:2016:323));— the fact that the adoption of the TPD had been strongly opposed by the tobacco industry and, consequently, questions referred for a preliminary ruling concerning the validity of that directive and the measures by the Member States were expected in the near future, as had been the case with the first Tobacco Products Directive;— the fact that, in the meantime, the applicant had itself announced the bringing of proceedings before the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) (United Kingdom), against the TPD, which would mean that, in all likelihood, the Court of Justice of the European Union would have to be informed of the case by way of a reference for a preliminary ruling;— the various disputes pending before the World Trade Organisation (WTO) (this last ground having been relied on only in the context of the exception relating to court proceedings in respect of Documents Nos 3 to 7).