Source: All England Reporter
Publisher Citation: [2016] All ER (D) 134 (Nov)
Court: Court of Justice of the European Union (Fifth Chamber)
Judge:

Judges da Cruz Vilaca (President of the Chamber), Tizzano (Rapporteur and Vice-President of the Court), Berger, Levits and Biltgen

Judgment Dates: 23 November 2016

Catchwords

European Union - Access to information - Information relating to the environment - Applicants requesting access to several documents relating to the initial authorisation for the placing of glyphosate on market as active substance - European Commission refusing access to part of draft assessment report prepared by Germany - Commission stating that Germany objecting to disclosure of document on ground that it contained confidential information relating to intellectual property rights of third parties - General Court of the European Union granting applicants annulment of Commission's decision - Whether General Court erring in interpretation of relevant provision of EU law regarding access to documents containing environmental information held by EU institutions - , art 6(1).

The Case

European Union Access to information. The Court of Justice of the European Union allowed the appeal by the European Commission to set aside the judgment of the General Court of the European Union by which that Court had partially annulled the Commission's decision to refuse access to Volume 4 of the Draft Assessment Report issued by Germany as rapporteur member state for the active substance glyphosate, under . The Court held that part of the General Court's decision in respect of the first part of the Commission's single plea in law was vitiated by an error of law.

Practice Areas

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