Opinion of the Advocate General — ECLI:EU:C:2011:413
Date: 2011-06-22
Language of the case: German
Subject matter: Environment
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Environment — Freedom of access to information — Directive 2003/4 — Exceptions — Option for Member States to exclude public bodies or institutions acting in a legislative capacity from the definition of public authorities — Applicability to ministries — Conditions (European Parliament and Council Directive 2003/4, Art. 2(2), second para.) 2. Environment — Freedom of access to information — Directive 2003/4 — Exceptions — Option for Member States to exclude public bodies or institutions acting in a legislative capacity from the definition of public authorities — Implementation following the conclusion of the relevant legislative procedure — Excluded (European Parliament and Council Directive 2003/4, Art. 2(2), second para., first sentence) 3. Environment — Freedom of access to information — Directive 2003/4 — Grounds that may justify a refusal to supply information relating to the environment — Confidentiality of the proceedings of public authorities– Confidentiality must be provided for by law (European Parliament and Council Directive 2003/4, Art. 4(2), first para., (a)) 1. The first sentence of the second subparagraph of Article 2(2) of Directive 2003/4 on public access to environmental information and repealing Directive 90/313 must be interpreted as meaning that the option given to Member States by that provision of not regarding bodies or institutions acting in a legislative capacity as public authorities may be applied to ministries to the extent that they participate in the legislative process, in particular by tabling draft laws or giving opinions, and that option is not subject to the conditions set out in the second sentence of the second subparagraph of Article 2(2) of that directive. (see para. 51, operative part 1) 2. The first sentence of the second subparagraph of Article 2(2) of Directive 2003/4 on public access to environmental information and repealing Directive 90/313 must be interpreted as meaning that the option given to Member States by that provision of not regarding bodies or institutions acting in a legislative capacity as public authorities can no longer be exercised when the legislative process in question has ended. (see para. 58, operative part 2) 3. Indent (a) of the first subparagraph of Article 4(2) of Directive 2003/4 on public access to environmental information and repealing Directive 90/313 must be interpreted as meaning that the condition that the confidentiality of the proceedings of public authorities must be provided for by law can be regarded as fulfilled by the existence, in the national law of the Member State concerned, of a rule which provides, generally, that the confidentiality of the proceedings of public authorities is a ground for refusing access to environmental information held by those authorities, in so far as national law clearly defines the concept of ‘proceedings’, which it is for the national court to determine. (see para. 65, operative part 3)