Case C-552/07: Reference for a preliminary ruling from the Conseil d'Etat (France) lodged on 11 December 2007 — Commune de Sausheim v Pierre Azelvandre
Date: 2007-12-11
Institutions: Court of Justice
Subjects: access to information, dissemination of information, environmental protection, genetically modified organism, interpretation of the law, right to information

C 37/20

EN

Official Journal of the European Union

9.2.2008

2.

in the alternative, by refusing to reinterpret the principle of
LPP in view of the significant developments in the legal land-
scape, violated the general principles of protection of the
rights of defence and of legal certainty (section C); and

3.

in the further alternative, violated Article 5 EC (principle of
attribution of competence) and the principle of national
procedural autonomy (section D).

sure of the registered reference number or numbers of the
location of the release?

(1) OJ 1990 L 117, p. 15.
(2) Directive 2003/4/EC of 28 January 2003 of the European Parliament
and of the Council on public access to environmental information
and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26).

(1) Case 155/79, (1982) p. 1575.

Action brought on 13 December 2007 — Commission of
the European Communities v French Republic

Reference for a preliminary ruling from the Conseil d'Etat
(France) lodged on 11 December 2007 — Commune de
Sausheim v Pierre Azelvandre

(Case C-552/07)

(2008/C 37/29)

Language of the case: French

Parties

(Case C-556/07)

(2008/C 37/30)

Language of the case: French

Referring court

Conseil d'Etat

Parties to the main proceedings

Appellant: Commune de Sausheim

Respondent: Pierre Azelvandre

Questions referred

1. Must ‘the location where the release’ of genetically modified
organisms ‘will be carried out’ which, under Article 19 of
Council Directive 90/220/EEC of 23 April 1990 on the
deliberate release into the environment of genetically modi-
fied organisms (1), may not be kept confidential, mean the
registered parcel of land or a larger geographical area corre-
sponding either to the commune in which the release occurs
or to an even greater area such as a Canton or Department?

2. If the location is to be understood as requiring designation
of the registered parcel of land, can an exception relating to
the protection of public order or other confidential matters
protected by law preclude, on the basis of Article 95 of the
Treaty establishing the European Economic Community, now
the European [Union], or of Directive 2003/4/EC (2) of
28 January 2003 on public access to environmental informa-
tion or of a general principle of Community law, the disclo-

Applicant: Commission of the European Communities (repre-
sented by: M. Nolin, M. van Heezik, Agents)

Defendant: French Republic

Form of order sought

— declare that, by failing sufficiently to monitor, inspect and
supervise fishing activities, in particular in the light of the
prohibition of drift nets for the capture of certain species,
and by not ensuring that appropriate measures against those
responsible for infringements of the Community legislation
on the use of drift nets were taken, the French Republic
failed in its obligations under Articles 2 and 31(1) and (2) of
Regulation No 2847/1993 (1) and Articles 23(1) and (2),
24 and 25(1) and (2) of Regulation No 2371/2002 (2);

— order the French Republic to pay the costs.

Pleas in law and main arguments

By its action, the Commission alleges that the defendant applied
the Community legislation on fisheries incorrectly. That incor-
rect application consists, first, in the fact that the French autho-
rities did not consider a ‘thonaille’ (a tuna gillnet) to be a drag
net although, by reason of
the
thonaille is one and, as such, is prohibited by Community legis-
lation. The fact that the thonaille can be stabilised with the aid
of a floating anchor is, in that regard, irrelevant inasmuch as
that stabilisation does not imply that the thonaille cannot drift
with sea currents or the wind, but only that it is held by floats
and weights in order to optimise its efficiency and to prevent it
lying horizontally just below the surface.

its technical characteristics,