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AG Opinion on preliminatory ruling (C‑279/12). Fish Legal, Emily Shirley v The Information Commissioner, United Utilities, Yorkshire Water and Southern Water: Opinion of Advocate General Cruz Villalon

Subject-matter: The public's right to know how much sewage and other pollutants is poured into Britain's riversIn his opinion Advocate General Villalon concludes that - it is for the laws of the EU Member States to determine, as appropriate, which natural and legal persons are authorised to perform “public administrative functions”.- It is for the referring tribunal to establish whether the water companies concerned may impose on individuals obligations for which they do not require the consent of those individuals.- Bodies or persons falling within Article 2(2)(b) of Directive 2003/4 must be subject to the obligation to disclose information on the same terms as the public authorities in the strict sense. Key words: Access to environmental information, Obligation incumbent upon public authorities, ‘Natural or legal person performing public administrative functions under national law’, Natural or legal person ‘under the control’ of the State or of a body performing public functions, Autonomous concept of European Union law

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