November 29
2021
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Trajan Shipley
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18th November 2021
Institutional law Internal Market Justice & Litigation

AG Collins: general presumption of confidentiality should be applied to documents in sui generis calls for applications

Advocate General Collins delivered his Opinion today in ViaSat v Commission (C-235/20 P), an appeal against the General Court’s judgment of 26 March 2020 (T-734/17) which dismissed ViaSat’s action challenging the European Commission’s refusal to intervene to prevent national regulatory authorities from authorising its competitor, Inmarsat, from launching its in-flight satellite broadband service, and in particular the refusal to grant access to Inmarsat’s documents. 

The Commission’s refusal was made on the basis of the exceptions provided by Article 4(2) of the Public Access to Documents Regulation (1049/2001), concerning the protection of commercial interests and court proceedings. The General Court held in the action challengin

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