Acting for Evonik Degussa, Gleiss Lutz obtained a temporary order before the Court of Justice of the European Union prohibiting the European Commission from publishing information from the leniency application until the Court decides the case on the merits. This is the first time that the Court of Justice of the European Union has granted an undertaking interim relief against a contested decision of the Commission after the General Court of the European Union had dismissed the main appeal in the first instance.
In the proceedings on the merits, Evonik Degussa is defending itself against the Commission’s plans to publish additional detailed information from the leniency applications of Evonik Degussa and other leniency applicants in the hydrogen peroxide cartel case several years after the publication of a non-confidential version of the Commission’s decision. Among the arguments raised by Evonik Degussa is the fact that such information from leniency documents is covered by professional secrecy, and that its publication would violate Evonik Degussa’s legitimate expectations that information provided by leniency applicants will remain confidential.
After the General Court of the European Union had initially granted interim relief in the first instance, it then dismissed the proceedings on the merits. Evonik Degussa filed an appeal against this decision with the Court of Justice of the European Union. Since the Commission wanted to publish the information in dispute already before the Court of Justice decided the case on the merits, Evonik Degussa was forced to apply for interim relief before the Court of Justice. This application was granted by the Vice President of the Court of Justice by order of 2 March 2016.
The significance of the case is demonstrated by the fact that the case was referred to the Grand Chamber of the Court, which is composed of fifteen judges. The oral hearing in the main proceeding will be held on 4 April 2016.
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