Case T- 181/10 Reagens v Commission (access to file) [Archived]
Case T- 181/10 Reagens v Commission (access to file) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 181/10 Reagens v Commission (access to file) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 20 March 2014; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline Appeal to the General Court seeking annulment of the Commission's decision of 23 February 2010 (the 'contested decision') refusing Reagens SpA access to certain documents in the Commission's administrative file from the 'Heat stabilisers' cartel investigation on the basis of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents.

Reagens had been an addressee of the Commission decision of 11 November 2009 finding that it had participated in an EEA-wide cartel concerning heat stabilisers. Unlike another addressee of the Commission decision, Reagens was unsuccessful in a submission (initiated prior to the adoption of the infringement decision) for a reduction in fine based on ‘inability to pay’ arguments. 

Following the Commission decision, Reagens sought access to documents relating to applications for inability to pay in furtherance of its rights of defence. This request was ultimately rejected in the contested decision.

Parties Applicant: Reagens SpA (Reagens)

Defendant: European Commission

Reagens is an Italian company engaged in the production of tin stabilisers for polyvinyl chloride (PVC).