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

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))

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,

applicant,

v

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,

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

Directive 90/313

Member States shall define the practical arrangements under which such information is effectively made available.

Information held by public authorities shall be supplied in part where it is possible to separate out information on items concerning the interests referred to above.

National legislation

The service must issue the copy requested or the notification of a refusal provided for in Article 7.

For the purpose of applying those provisions, lists of the administrative documents which may not be supplied to the public because of their character or their subject-matter shall be established by ministerial orders adopted following an opinion by the Commission on Access to Administrative Documents.

Preliminary observations

The too limited scope of the French legislation in respect of the obligation to supply information relating to the environment

Arguments of the parties

Findings of the Court

The existence of a ground for refusing to supply information relating to the environment, which is not provided for under Directive 90/313

Arguments of the parties

Findings of the Court

Failure to transpose the obligation to supply in part information relating to the environment

Arguments of the parties

Findings of the Court

Failure to transpose Article 3(3) of Directive 90/313

Arguments of the parties

Findings of the Court

The existence of implied refusals for which reasons are not given

Arguments of the parties

Findings of the Court

the French Republic has failed to fulfil its obligations under Articles 2(a) and 3(1), (2) and (4) of that directive.

On those grounds,

THE COURT (Sixth Chamber)

hereby:

Puissochet

Schintgen

Skouris

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 26 June 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber