Eva Glawischnig v Bundesminister für soziale Sicherheit und Generationen.

• Jurisdiction: European Union
• Celex Number: 62001CJ0316
• ECLI: ECLI:EU:C:2003:343
• Date: 12 June 2003
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-316/01

Case C-316/01


Eva Glawischnig
v
Bundesminister für soziale Sicherheit und Generationen


(Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien)

«(Freedom of access to information – Information relating to the environment – Directive 90/313/EEC – Breaches of the rules on labelling of foodstuffs produced from genetically modified organisms)»

Opinion of Advocate General Tizzano delivered on 5 December 2002

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Judgment of the Court (Fifth Chamber), 12 June 2003

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Summary of the Judgment

Environment – Freedom of access to information – Directive 90/313 – Information relating to the environment – Definition – Information on compliance with the rules on labelling of foodstuffs produced from genetically modified organisms – Not included

(Council Regulation No 1139/98, Council Directive 90/313, Art. 2(a))Directive 90/313 on the freedom of access to information on the environment is not intended to give a general and unlimited right of access to all information held by public authorities which has a connection, however minimal, with one of the environmental factors mentioned in Article 2(a). To be covered by the right of access it establishes, such information must fall within one or more of the three categories set out in that provision. Article 2(a) is thus to be interpreted as meaning that the name of the manufacturer and the product description of foodstuffs which have been the subject of administrative measures for controlling compliance with Regulation No 1139/98 concerning the compulsory indication [in] the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112 concerning the labelling and presentation of foodstuffs, the number of administrative penalties imposed following those measures, and the producers and products concerned by such penalties do not constitute information relating to the environment within the meaning of that provision. Regulation No 1139/98 is intended to add further information to that which must already be mentioned on the labelling of certain foodstuffs under Directive 79/112, which was not designed as a measure for protection of the environment.see paras 25, 33, 35, operative part

JUDGMENT OF THE COURT (Fifth Chamber)
12 June 2003 (1)

((Freedom of access to information – Information relating to the environment – Directive 90/313/EEC – Breaches of the rules on labelling of foodstuffs produced from genetically modified organisms))

In Case C-316/01, REFERENCE to the Court under Article 234 EC by the Unabhängiger Verwaltungssenat Wien (Austria) for a preliminary ruling in the proceedings pending before that court between Eva Glawischnig

and

Bundesminister für soziale Sicherheit und Generationen, on the interpretation of Article 2(a) 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 COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, D.A.O. Edward (Rapporteur), A. La Pergola, P. Jann and A. Rosas, Judges, Advocate General: A. Tizzano,
Registrar: M.-F. Contet, Principal Administrator,

after considering the written observations submitted on behalf of:

─

Ms Glawischnig, by M. Meyer, Prozessbevollmächtigte,

─

the Austrian Government, by C. Pesendorfer, acting as Agent,

─

the Commission of the European Communities, by G. zur Hausen and I. Martínez del Peral, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Ms Glawischnig, represented by M. Meyer; the Austrian Government, represented by G. Hesse, acting as Agent; and the Commission, represented by G. zur Hausen, at the hearing on 19 September 2002,

after hearing the Opinion of the Advocate General at the sitting on 5 December 2002,

gives the following

Judgment

1

By decision of 25 July 2001, received at the Court on 13 August 2001, the Unabhängiger Verwaltungssenat Wien (Independent Administrative Chamber, Vienna) referred to the Court for a preliminary ruling under Article 234 EC three questions on the interpretation of Article 2(a) 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).

2

Those questions were raised in proceedings between Ms Glawischnig and the Bundesminister für soziale Sicherheit und Generationen (Federal Minister for Social Security and Generations) concerning a request for information relating to administrative measures for checking products manufactured from genetically modified soya and maize.

Legal context

Community law

3

Directive 90/313 is intended, as stated in the sixth recital in its preamble, to guarantee to any natural or legal person throughout the Community free access to available information in written, visual, aural or database form held by public authorities, concerning the state of the environment, activities or measures adversely affecting or likely so to affect the environment, and those designed to protect it.

4

Article 2(a) of Directive 90/313 provides: For the purposes of this directive:

(a)

information relating to the environment shall mean any available information in written, visual, aural or database 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 .

5

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Directive 90/313 (OJ 2003 L 41, p. 26) contains a definition of environmental information which is wider and more detailed than that in Directive 90/313. However, as Directive 2003/4 replaces Directive 90/313 with effect only from 14 February 2005, the latter directive is the one which applies to the main proceedings in this case.

6

Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication...