Status Not cited by any decision here yet
Judgment
Full text
In addition, according to the applicant, the obligation to make the repository publicly available pursuant to Article 39(1) of Regulation 2022/2065 infringes its right to conduct its business enshrined in Article 16 of the Charter. The disclosure of that repository prevents the applicant from operating its business freely by using the economic and financial resources available to it. It also submits that the obligation to make publicly available the information and data listed in Article 39(2) of that regulation, especially in a consolidated, comprehensive and systematic way and for a lengthy period, risks depriving the applicant of its financial resources. According to the applicant, that disclosure would enable other market participants to draw market insights regarding the applicant’s advertising strategy and activities, thereby giving them an unfair and unearned competitive advantage and weakening the applicant’s position. It observes that the loss of advertising revenue, which is the applicant’s sole source of revenue, would at best impede the free development of its business activity and at worst endanger its very existence, thereby violating the very essence of its freedom to conduct business.