Joined Cases C-514/11 P and C-605/11 P: Judgment of the Court (Fifth Chamber) of 14 November 2013 — Liga para a Protecção da Natureza (LPN), Republic of Finland v European Commission (Appeal — Access to the documents of the institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exception concerning the protection of the purpose of inspections, investigations and audits — Environmental information — Regulation (EC) No 1367/2006 — Article 6(1) — Documents relating to the pre-litigation stage of infringement procedures — Refusal of access — Obligation to examine specifically and individually the documents referred to in the request for access — Overriding public interest)
Date: 2013-11-14
Institutions: Court of Justice
Subjects: access to EU information, administrative procedure, environmental protection








C_2014009EN.01000302.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/3





Judgment of the Court (Fifth Chamber) of 14 November 2013 — Liga para a Protecção da Natureza (LPN), Republic of Finland v European Commission
(Joined Cases C-514/11 P and C-605/11 P) (1)

(Appeal - Access to the documents of the institutions - Regulation (EC) No 1049/2001 - Third indent of Article 4(2) - Exception concerning the protection of the purpose of inspections, investigations and audits - Environmental information - Regulation (EC) No 1367/2006 - Article 6(1) - Documents relating to the pre-litigation stage of infringement procedures - Refusal of access - Obligation to examine specifically and individually the documents referred to in the request for access - Overriding public interest)
2014/C 9/04
Language of the case: Portuguese

Parties


Appellants: Liga para a Protecção da Natureza (LPN) (represented by: P. Vinagre e Silva and L. Rossi, advogadas), Republic of Finland (represented by: J. Heliskoski, M. Pere and J. Leppo, acting as Agents)

Intervener in support of the applicants: Republic of Estonia, (represented by: M. Linntam, acting as Agent)

Other parties to the proceedings: European Commission (represented by: P. Costa de Oliveira and D. Recchia, acting as Agents), Kingdom of Denmark (represented by: V. Pasternak Jørgensen and C. Thorning, acting as Agents), Kingdom of Sweden (represented by: A. Falk and C. Meyer-Seitz, acting as Agents)

Intervener in support of the European Commission: Federal Republic of Germany (represented by: T. Henze and A. Wiedmann, acting as Agents)

Re:

Appeals brought against the judgment of the General Court (Third Chamber) of 9 September 2011 in Case T-29/08 LPN v Commission, by which the General Court dismissed the action brought by LPN in so far as it relates to documents and parts of documents to which access was refused to the Liga para a Protecção da Natureza (LPN) in Commission Decision SG.E.3/MIB/psi D(2008) 8639 of 24 October 2008.

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders the Liga para a Protecção da Natureza and the Republic of Finland to pay the costs in equal parts;










3.


Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia and the Kingdom of Sweden to bear their own costs.






(1)  OJ C 58, 25.2.2012.