ECJ Public access to environmental information – Directive 2003/4/EC – Article 4 – Exceptions to the right of access – Request for access involving more than one of the interests protected under Article 4(2) of that directive) Citations:  EUECJ C-71/10,  Env LR 7,  PTSR 1676,  2 Info LR 1,  1 … Continue reading Office Of Communications v UK Information Commissioner: ECJ 28 Jul 2011
fish_icUUECJ092013 ECJ Opinion – Access to environmental information – Obligation incumbent upon public authorities – ‘Natural or legal person performing public administrative functions under national law’ – Natural or legal person ‘under the control’ of the State or of a body performing public functions – Autonomous concept of European Union law Cruz Villalon AG C-279/12, … Continue reading Fish Legal v The Information Commissioner United Utilities, Yorkshire Water And Southern Water: ECJ 5 Sep 2013
Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009
The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 2010
ECJ (Opinion of Advocate General Kokott) Directive 2003/4/EC – Access to environmental information – Exceptions – Public interest in disclosure – Interest served by refusal – Balancing exercise – Cumulation of . .
ECJ Order Of The Court – Article 99 of the Rules of Procedure – Directive 2003/4/EC – Validity – Public access to environmental information – Exception to the obligation to disclose environmental information where the disclosure compromises the ability of any person to receive a fair trial – Optional nature of that exception for Member … Continue reading Stefan v Bundesministerium fur Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft: ECJ 8 May 2014
ECJ Reference for a preliminary ruling – Aarhus Convention – Directive 2003/4/EC – Articles 5 and 6 – Public access to environmental information – Charge for supplying environmental information – Reasonable amount – Costs of maintaining a database and overheads – Access to justice – Administrative and judicial review of a decision imposing a charge … Continue reading East Sussex County Council (Judgment): ECJ 6 Oct 2015
ECJ Opinion – Access to environmental information held by or for public authorities – Scope of the exception in Article 2(2) of Directive 2003/4/EC – Whether public authorities adopting executive regulatory . .