Commission of the European Communities v French Republic.

• Jurisdiction: European Union
• Celex Number: 62000CJ0233
• ECLI: ECLI:EU:C:2003:371
• Court: Court of Justice (European Union)
• Date: 26 June 2003
• Procedure Type: Recours en constatation de manquement - non fondé
• Docket Number: C-233/00

Case C-233/00


Commission of the European Communities
v
French Republic

«(Failure of a Member State to fulfil obligations – Directive 90/313/EEC – Freedom of access to information on the environment – Incomplete or incorrect transposition)»

Opinion of Advocate General Stix-Hackl delivered on 14 January 2003

I - 0000

Judgment of the Court (Sixth Chamber), 26 June 2003

I - 0000

Summary of the Judgment

1..

Environment – Freedom of access to information – Directive 90/313 – Information relating to the environment – Definition – Documents which are not related to carrying out a public service – Whether included

(Council Directive 90/313, Art. 2(a))

2..

Environment – Freedom of access to information – Directive 90/313 – Grounds which may justify a refusal to supply information relating to the environment – Exceptions – Strict interpretation

(Council Directive 90/313, Art. 3(2) and (3))

3..

Actions for failure to fulfil obligations – Examination of the merits by the Court – Absence of adverse effects of alleged failure – Irrelevant

(Art. 226 EC)

4..

Environment – Freedom of access to information – Directive 90/313 – Member States allowed to refuse to grant a request for information in certain specified cases – Transposition without legislative action – Conditions – Existence of a general legal context ensuring full implementation of the directive

(Council Directive 90/313, Art. 3(3))

5..

Environment – Freedom of access to information – Directive 90/313 – Implied decision refusing a request for information relating to the environment – Obligation of public authority automatically to provide the reasons for refusal – Time-limit

(Council Directive 90/313, Art. 3(4))

1.

In the light of its actual wording and taking account, in particular, of the use of the words any ... information, the scope of application of Article 2(a) of Directive 90/313 on the freedom of access to information on the environment and, consequently, that of the directive, must be considered to have been intended to be wide. It thus covers all information which relates either to the state of the environment or to activities or measures which could affect it, or to activities or measures intended to protect the environment, without the list in that provision including any indication such as to restrict its scope, so that information relating to the environment within the meaning of Directive 90/313 must be understood to include documents which are not related to carrying out a public service. see paras 44, 47

2.

As exceptions to the principle of supplying information relating to the environment, which forms the purpose of Directive 90/313 on the freedom of access to information on the environment, the grounds which may justify a refusal to supply such information must be interpreted strictly, so that it is appropriate to consider that the derogations set out in Article 3(2) and (3) of that directive are the subject of an exhaustive list and refer to certain specific and clearly defined cases in which it may be justified to refuse a request for information relating to the environment. A domestic provision authorising public authorities to refuse to allow consultation of or to provide an administrative document whose dissemination would prejudice, generally, secrets protected by legislation, a ground for refusal which is not mentioned in the exhaustive list of exceptions in the first subparagraph of Article 3(2) of Directive 90/313, therefore clearly exceeds the scope of those exceptions. see paras 57, 59-60

3.

As failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, the fact that such a failure had no adverse effects is irrelevant. see para. 62

4.

A general legal context, which finds expression in the case in point in the existence of concepts whose content is clear and precise and which are applied in the framework of settled domestic case-law must be held to be sufficient for the purpose of properly transposing Article 3(3) of Directive 90/313 on the freedom of access to information on the environment which allows the competent authorities to refuse a request for information which is unreasonable or formulated in too general a manner or relates to unfinished or internal documents or data. As regards a provision such as Article 3(3), the requirement for specific transposition would be of very little practical use since that provision is drafted in very general terms and sets out rules which are in the nature of general principles common to the legal systems of the Member States. Compliance with a provision of a directive which exhibits those characteristics must thus be essentially ensured when it is applied in practice to a specific situation, regardless of whether it is transposed into national law in precisely the same words. see paras 81-83

5.

Article 3(4) of Directive 90/313 on the freedom of access to information on the environment requires the public authority automatically to provide the reasons for its refusing a request for information relating to the environment, without the applicant having to submit a request for that purpose, even if, where the authorities fail to reply, those reasons may be notified to the applicant at a later date. The reasons must be notified within two months of the submission of the initial request, since that notification must, in that situation, be regarded as a response for the purposes of that provision. see paras 115, 118

JUDGMENT OF THE COURT (Sixth Chamber)
26 June 2003 (1)

((Failure of a Member State to fulfil obligations – Directive 90/313/EEC – Freedom of access to information on the environment – Incomplete or incorrect transposition))

In Case C-233/00, Commission of the European Communities, represented by G. zur Hausen and J.-F. Pasquier, acting as Agents, with an address for service in Luxembourg,

applicant,

v

French Republic, represented initially by J.-F. Dobelle and D. Colas, and subsequently by D. Colas and G. de Bergues, acting as Agents,

defendant,

APPLICATION for a declaration that, by failing correctly to transpose Articles 2(a) and 3(2), (3) and (4) of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (OJ 1990 L 158, p. 56), the French Republic has failed to fulfil its obligations under that directive and under the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC),

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen (Rapporteur), V. Skouris, F. Macken and J.N. Cunha Rodrigues, Judges, Advocate General: C. Stix-Hackl,
Registrar: M.-F. Contet, Principal Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 17 October 2002, at which the Commission was represented by J.-F. Pasquier and the French Republic by C. Isidoro, acting as Agent,

after hearing the Opinion of the Advocate General at the sitting on 14 January 2003,

gives the following

Judgment

1

By application lodged at the Court Registry on 13 June 2000, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing correctly to transpose Articles 2(a) and 3(2), (3) and (4) of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (OJ 1990 L 158, p. 56), the French Republic has failed to fulfil its obligations under that directive and under the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC).

Legal framework

Directive 90/313

2

Under Article 1 of Directive 90/313, its object is to ensure freedom of access to, and dissemination of, information on the environment held by public authorities and to set out the basic terms and conditions on which such information should be made available.

3

Article 2 of Directive 90/313 is worded as follows: For the purposes of this directive:

(a)

information relating to the environment shall mean any available information in written, visual, aural or data-base form on the state of water, air, soil, fauna, flora, land and natural sites, and on activities (including those which give rise to nuisances such as noise) or measures adversely affecting, or likely so to affect these, and on activities or measures designed to protect these, including administrative measures and environmental management programmes;

(b)

public authorities shall mean any public administration at national, regional or local level with responsibilities, and possessing information, relating to the environment with the exception of bodies acting in a judicial or legislative capacity.

4

Article 3 of Directive 90/313 provides:

1.

Save as provided in this article, Member States shall ensure that public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest. Member States shall define the practical arrangements under which such information is effectively made available.

2.

Member States may provide for a request for such information to be refused where it affects:

─

the confidentiality of the proceedings of public authorities, international relations and national defence,

─

public security,

─

matters which are, or have been, sub judice, or under enquiry (including disciplinary enquiries), or which are the subject of preliminary investigation proceedings,

─

commercial and...