Bmw Lager Case Study
Bavarian Lager is a company that wanted to import bottled German beer to bars, pubs and public houses in the United Kingdom in 1992. However, the product could not be sold due the fact that most of the bars and pubs had agreements with certain campaigns of breweries and were bound to selling only them. «Under the Supply of Beer (Tied Estate) Order 1989» United Kingdom regulations required British companies to allow bars and pubs to buy beer from another beer companies if the product was casked and had «alcohol content exceeding 1.2% by volume.» It is a provision best known as «Guest Beer Provision» - GBP. However, most of the beers produced outside the United Kingdom is bottled and, therefore, they do not fall into this category of being cask-conditioned …show more content…
The Commission said that the documents were under the protection of the Article 8 of Regulation - «Data Protection Regulation» that states that «Personnal data shall only be transferred to recipients subject to the national law adopted for the implementation of Directive 95/46: (a) if the recipient establishes that the data are necessary for the performance of a task carried out in the public interest or subject to the exercise of public authority, or (b) if the recipient establishes the necessity of having data transferred and if there is no reason to assume that the data subject’s legitimate interests might be prejudiced.» Also, it fell under the Article 4(1)(b) «Access to Documents Regulation» that states «The institutions shall refuse access to a document where disclosure would undermine the protection of: b) privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.» applied. Therefore, the conditions needed for Bavarian Lager to receive the copy of the document and full minutes of the meeting due to the fact that two of the people who attended the meeting in said that they did not want to have their name disclosed and three could not be reached in order for them to give their answer. Bavarian Lager was obviously not satisfied with the outcome and referred this matter to the General Court which annulated the Commission’s decision in
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