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European Union: Court of Justice - ClientEarth and PAN Europe case - Case C-615/13 P - Summary with a link to the judgement. Access to information - Two cumulative conditions must be fulfilled for disclosure of the external experts names who made certain comments on the draft of the guidance document for applicants who whish to place plant protection products on the market: the transfer must be "necessary" and must not prejudice the legitimate interests of the data subject. Key words: access to information, placing of plant protection products on the market, disclosure of information, concept of personal data, confidentiality and transfer of personal data, Regulation EU 1049/2001 English
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Court of Justice of the European Union (CJEU)
Decision date: 16 Jul 2015

European Union: Court of Justice - Reference for a preliminary ruling, FCD&FMB Case - Case C-106/14 - Summary with a link to the judgement. Access to product information - Interpretation of the obligation under the REACH Regulation to provide information on the presence of a substance of very high concern in an article. The main question was whether this obligation only covered products as a whole, or also products with individual components crossing the threshold. Key words: access to product information, Environment and protection of human health, duties to notify and provide information, Regulation 1907/2006, REACH Regulation English | French
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Court of Justice of the European Union (CJEU)
Decision date: 10 Sep 2015

European Union: Court of Justice - ClientEarth case - Case C-612/13 P - Summary with a link to the judgement. Request for environmental information may be refused - The Court found that no full disclosure was called for studies that "had already been placed in a file relating to the pre-litigation stage of infringement proceedings opened with the sending of a letter of formal notice to the Member State concerned" which would otherwise "undermine the protection of the purpose of investigation". Key words: access to information, access to documents, investigation, European Union institutions, grounds for refusal, protection of the purpose of investigation, EU Regulation 1049/2001 English
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Court of Justice of the European Union (CJEU)
Decision date: 16 Jul 2015

European Union: Court of Justice - Reference for a preliminary ruling, East Sussex Council case - case C-71/14 - Summary with a link to the judgement. Charges for supplying environmental information - such charges should include only other costs that do not arise from the establishment and maintenance of the registers, lists and facilities for examination are entitled to be charged by the national authorities. Key words: access to information, EU Directive 2003/4, charge for supplying environmental information, reasonable amount, costs of maintaining a database and overheads English
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Court of Justice of the European Union (CJEU)
Decision date: 6 Oct 2015

European Union: Court of Justice - Fish Legal case - Case C-279/12 - Summary with a link to the judgement. Definition of a "public authority" - undertakings, such as the water companies concerned, which provide public services relating to the environment are under the control of a body or person falling within article 2(2)(a) or (b) of Directive 2003/4, and should therefore be classified as "public authorities" if they do not determine in a genuinely autonomous manner the way in which they provide those services. Key words: access to information, scope of environmental information, concept of public authorities, water companies, EU Directive 2003/4 English
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Court of Justice of the European Union (CJEU)
Decision date: 19 Dec 2013

Ukraine - Kyiv Administrative Appeal Court - Environment-Law-People (ELP) case - Case n° 2a-13786/10/2670 - Summary with a link to the judgement. Access to information - the conclusions of the state environmental expertiza of the Ukrainian Ministry of Environmental Protection and its territorial bodies should be published and made available through the Internet. Key words: public, Internet, conclusions of state environmental expertiza, environmental information, access to information, dissemination of environmental information English | Ukrainian
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Kyiv Administrative Appeal Court
Decision date: 22 Nov 2012

Sweden: Supreme Court (Högsta domstolen) - Taggen Vindpark case, case n° NJA 2012 s. 921 - Summary with a link to the judgement. Criteria for ENGO standing –The criteria in law for ENGO standing must be read generously in order to meet with the international obligations on access to justice in environmental matters. Key words: Public concerned, individuals’ standing, ENGO standing, wind farm, permit, criteria for standing English | Swedish
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Supreme Court (Högsta domstolen)
Decision date: 12 Dec 2012

Sweden: Land and Environmental Court of Appeal (Mark - och miljööverdomstolen) - case 16:13 MB (Environmental Code), case n°MÖD 2012:47 and MÖD 2012:48 - Summary with a link to the judgement. Criteria for ENGO standing - The criteria in law for ENGO standing must be read generously in order to meet with the international obligations on access to justice in environmental matters. Key words: Public concerned, ENGO standing, fixed criteria, effective justice English | Swedish
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Land and Environmental Court of Appeal (Mark - och miljööverdomstolen
Decision date: 15 Nov 2012

Hungary: Supreme Court (Legfelsőbb Bíróság) - Tubes Hill case, Case n°Kfv.IV.37.629/2009/70 - Summary with a link to the judgement. Public access to information in decision-making procedure on specific activities serving national defence purposes. Key words: Standing, right to bring an action, exclusion of private persons from the action, access to environmental information, environmental impact assessment, scope of review, decision-making on activities serving national defence purposes English | Hungarian
Publisher: UNECE / Task Force on Access to Justice
Court/Body: Supreme Court (Legfelsőbb Bíróság)
Decision date: 17 Mar 2010

Ukraine: Environment People Law (EPL) launched a register of court decisions on environmental matters. “Environment-People-Law” is an organization of practical lawyers in the field of the protection of environmental rights of citizens and the environment. This organization created a register of court decisions of the Supreme Court of Ukraine, higher specialized, appellate and local courts – court decisions and resolutions in civil, economic and administrative cases initiated by civil society institutes, individuals and groups of people for the benefit of environment and society which will surely become a valuable source of information for development of strategies and tactics of handling other court processes in similar legal proceedings. The register is located at the link http://caselawepl.org.ua and is accessible for unlimited use 24 hours a days. In particular, the register includes only decisions that are related to environmental protection and enables the public to do a thematic search for court decisions. In addition, when a case is uploaded into the register, links are created between cases of various instances so that by choosing one decision one can see all the other decisions related to the same case. Key words: Register, court decisions, access to information, access to justice English | Ukrainian
Publisher: Environment People Law (EPL) , 2015.
Court/Body: Register of court decisions in environmental matters
Decision date:

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