Wilhelm Mecklenburg contra Kreis Pinneberg - Der Landrat.

• Jurisdiction: European Union
• Celex Number: 61996CJ0321
• ECLI: ECLI:EU:C:1998:300
• Docket Number: C-321/96
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 17 June 1998

Avis juridique important

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61996J0321

Judgment of the Court (Sixth Chamber) of 17 June 1998. - Wilhelm Mecklenburg v Kreis Pinneberg - Der Landrat. - Reference for a preliminary ruling: Schleswig-Holsteinisches Oberverwaltungsgericht - Germany. - Environment - Access to information - Directive 90/313/EEC - Administrative measure for the protection of the environment - Preliminary investigation proceedings. - Case C-321/96.

European Court reports 1998 Page I-03809

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

1 Environment - Freedom of access to information - Directive 90/313 - `Information relating to the environment' - Definition - Statement of views put forward by the administration - Whether included - Condition

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

2 Environment - Freedom of access to information - Directive 90/313 - Derogation in Article 3(2), third indent - Scope - `Preliminary investigation proceedings' - Definition - Administrative procedure preparing the way for an administrative measure - Condition

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

Summary

3 The wording of Article 2(a) of Directive 90/313 on the freedom of access to information on the environment makes it clear that the Community legislature intended to make the concept of information relating to the environment a broad one, embracing both information and activities relating to the state of the various environmental sectors referred to therein, the `administrative measures' cited by way of example being merely an illustration of the `activities' or `measures' covered by the directive.

In order to constitute information relating to the environment for those purposes, therefore, it is sufficient for a statement of views put forward by the administration to be an act capable of adversely affecting or protecting the state of one of the sectors of the environment covered by the directive. That is the case where a statement of views put forward by a countryside protection authority in development consent proceedings if that statement is capable of influencing the outcome of those proceedings as regards interests pertaining to the protection of the environment.

4 The third indent of Article 3(2) of Directive 90/313, which contains a derogation from the general rules on access to information on the environment as regards matters which are the subject of legal proceedings, inquiries or `preliminary investigation proceedings', covers exclusively proceedings of a judicial or quasi-judicial nature, or at least proceedings which will inevitably lead to the imposition of a penalty if the offence (administrative or criminal) is established.

As regards `preliminary investigation proceedings', in particular, that term must be taken to refer to the stage immediately prior to the judicial proceedings or the inquiry, so that it will cover an administrative procedure such as that referred to by the German law transposing the directive, which merely prepares the way for an administrative measure, only if it immediately precedes a contentious or quasi-contentious procedure and arises from the need to obtain proof or to investigate a matter prior to the opening of the actual procedure.

Parties

In Case C-321/96,

REFERENCE to the Court under Article 177 of the EC Treaty by the Schleswig-Holsteinisches Oberverwaltungsgericht (Germany) for a preliminary ruling in the proceedings pending before that court between

Wilhelm Mecklenburg

and

Kreis Pinneberg - Der Landrat,

intervening party: Der Vertreter des öffentlichen Interesses, Kiel,

on the interpretation of Articles 2(a) and 3(2), third indent, 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

(Sixth Chamber),

composed of: H. Ragnemalm, President of the Chamber, R. Schintgen (Rapporteur), G.F. Mancini, J.L. Murray and G. Hirsch, Judges,

Advocate General: A. La Pergola,

Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of:

- Mr Mecklenburg, by G. Winter, Professor at the University of Bremen,

- Kreis Pinneberg - Der Landrat, by K. Lehming, Rechtsanwalt, Pinneberg,

- the Commission of the European Communities, by G. zur Hausen, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Mecklenburg, represented by G. Winter, the German Government, represented by D. Sellner, Rechtsanwalt, Bonn, assisted by E. Meyer-Rutz, Ministerialrat at the Federal Ministry of the Environment, and the Commission, represented by G. zur Hausen, at the hearing on 13 November 1997,

after hearing the Opinion of the Advocate General at the sitting on 15 January 1998,

gives the following

Judgment

Grounds

1 By order of 10 July 1996, received at the Court on 1 October 1996, the Schleswig-Holsteinisches Oberverwaltungsgericht (Higher Administrative Court, Schleswig-Holstein) referred to the Court for a...