Judgment of the General Court of 26 January 2022 — Kedrion v EMA

(Case T-570/20) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Collection and processing of plasma - Plasma master file - Refusal to grant access - Exception relating to the protection of the commercial interests of a third party - Incorrect determination of the subject matter of the application - Obligation to base the refusal to grant access on specific and concrete reasons)

(2022/C 119/46)

Language of the case: Italian

Parties

Applicant: Kedrion SpA (Barga, Italy) (represented by: V. Salvatore, lawyer)

Defendant: European Medicines Agency (represented by: S. Marino and C. Schultheiss, acting as Agents)

Interveners in support of the defendant: Baxter AG (Vienna, Austria), Baxter Manufacturing SpA (Cittaducale, Italy) (represented by: F. Borrás Pieri, lawyer, A. Denoon, Solicitor, and C. Thomas, Barrister)

Re:

Application under Article 263 TFEU seeking annulment of the EMA’s decision of 10 July 2020 refusing to grant the applicant access to the list of blood collection and processing centres appearing in the plasma master file of the pharmaceutical company Takeda.

Operative part of the judgment

The Court:

1.	Annuls the decision of the European Medicines Agency (EMA) of 10 July 2020 refusing to grant Kedrion SpA access to the list of blood collection and processing centres appearing in the plasma master file of the pharmaceutical company Takeda;

2.	Orders the EMA to bear its own costs and to pay those incurred by Kedrion;

3.	Orders Baxter AG and Baxter Manufacturing SpA to each bear their own costs.

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(1)  OJ C 371, 3.11.2020.