The Court of First Instance (CFI) has overturned a decision of the European Commission (Commission) to publish the name of an organic peroxide company whom it investigated as part of a cartel. During the Commission's cartel investigations, it emerged that any infringement proceedings against Pergan would be time barred. The Commission therefore closed its case against the company. However, in the recital of the Commission's decision to impose fines on other members of the cartel, the Commission published the company’s name and set out details of its involvement in the cartel in question. Pergan took an action to overturn the decision on the basis that as the decision was not going to be addressed to Pergan, publication of its name would affect its rights of defense. The CFI held that the fact that Pergan did not have the necessary standing to bring an action against the Commission's decision meant that it could not defend itself against the Commission's claims. The Commission should therefore have complied with Pergan's request for confidential treatment.