CDC was successful in accessing information on the statement of contents of the file in Case COMP/F/38.620 – Hydrogen Peroxide under the EU Transparency Regulation.
Following the decision of 3 May 2006 in Case COMP/38.620 on the Europe-wide Hydrogen Peroxide cartel, CDC sought from the European Commission, on the basis of the Transparency Regulation, full access to the statement of contents of the administrative file. After the rejection of its request, CDC lodged an action against the Commission for annulment before the General Court of the European Union on 6 October 2008.
The Court rendered a favourable judgment on 15 December 2011. It particularly confirmed CDC’s position that the interest of a cartel member in avoiding damage actions against it is not an interest which could justify the non-disclosure of the requested document under the Transparency Regulation. Avoiding damage claims does not constitute an interest of cartel members deserving protection.