Case C-330/25, RTÉ: Reference for a preliminary ruling from High Court (Ireland) made on 14 May 2025 – Raidió Teilifís Éireann (RTÉ) v Commissioner for Environmental Information
Date: 2025-05-14
Institutions: Court of Justice
Subjects: access to information, broadcasting, environmental protection, freedom of expression, judicial review, press, public institution, public sector, right to information, television








C_202504569EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4569


25.8.2025






Reference for a preliminary ruling from High Court (Ireland) made on 14 May 2025 – Raidió Teilifís Éireann (RTÉ) v Commissioner for Environmental Information


(Case C-330/25, RTÉ)

(C/2025/4569)
Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings


Applicant: Raidió Teilifís Éireann (RTÉ)

Defendant: Commissioner for Environmental Information

Questions referred







1.


Does the definition of ‘public authority’ in Article 2(2)(a) of Directive 2003/4 (1) have the effect that a legal person governed by public law and amenable to judicial review which has been set up by the State through statute law, which the State alone can dissolve, but having as its primary purpose broadcasting, journalism, editorial processes and decision-making and/or the pursuit of the right of free expression, and which is publicly appointed and accountable but is independent in its functions and funded by both commercial revenue and public monies:






(a)


is to be treated as a public authority in respect of all of its functions;










(b)


is to be treated as a public authority in respect of its functions other than privileged journalistic activity such as interaction with sources and functions capable of affecting the privilege associated with such activity such as internal editorial communications concerning sources;










(c)


is to be treated as a public authority in respect of its functions other than those concerning broadcasting, journalism, editorial processes and decision-making and/or the pursuit of the right of free expression; or










(d)


is not to be treated as a public authority?














2.


If the answer to the first question is in a sense equivalent to (a) or (b) in that question, does the definition of ‘environmental information’ in Article 2(1) of Directive 2003/4 and in particular the term ‘material form’ have the effect that where a request is made seeking information as to the number of records of a particular type, the public body concerned is required to count the number of such records and create a record of that number embodying the requested information in material form, if the information does not otherwise exist in material form apart from the extent to which it is capable of being extrapolated by counting the records concerned?










3.


Does Article 6(1) and/or (2) of Directive 2003/4 and/or Article 9(1) and/or (4) of the Aarhus Convention and/or Article 47 of the EU Charter of Fundamental Rights insofar as the foregoing relate to the requirement that remedies be timely and/or expeditious and/or effective have the effect that a court acting under Article 6(2) of Directive 2003/4 and/or Article 9(1) and/or (4) of the Aarhus Convention and/or Article 47 of the EU Charter of Fundamental Rights is entitled or required to interpret national law to the maximum extent possible (and/or to disapply any national rule of procedure that would preclude such a course of action) so as to enable the court to make a final decision on the request to which the review procedure or judicial procedure relates, including by coming to findings of fact and evaluative judgements after making a full and ex nunc examination of all the relevant elements of fact and law submitted by the parties, in circumstances where remittal of the matter to the public body or to a subordinate review body for further fact-finding or evaluative judgements or a fresh decision would be likely in the view of the court to occasion further delay which could jeopardise the timely and/or expeditious finalisation of the outcome of the request for information?






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


ELI: http://data.europa.eu/eli/C/2025/4569/oj
ISSN 1977-091X (electronic edition)