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France - Conseil d'Etat, 7 August 2007, N° 266668 (FR only)

On 19 February 2004, the Rennes Administrative Tribunal refused to annul the decision of theprefect of Morbihan. The Morbihan decision would denied the association of inhabitants of theMorbihan coast to access the unabridged version of the minutes of the site commission meetingof 4 April 2002.The Conseil d’Etat decided that it was illegal to refuse access to the document merely because itwas of preliminary nature and would be preceded by a final decision. Hence, it annulled thedecision of the Rennes Administrative Tribunal and the decision of the prefect of Morbihan.Thus, a decision refusing access to information concerning preliminary documents is notcompatible with Art. 3 of Directive 90/313/EEC, which limits the refusal for a request forenvironmental information if the request concerns unfinished documents. -

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