CELEX: 62014CN0071
Language: en
Date: 2014-02-10 00:00:00
Title: Case C-71/14: Reference for a preliminary ruling from First-tier Tribunal (Information Rights) (United Kingdom) made on 10 February 2014 — East Sussex County Council v The Information Commissioner, Property Search Group, Local Government Association

7.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 102/25
            
         Reference for a preliminary ruling from First-tier Tribunal (Information Rights) (United Kingdom) made on 10 February 2014 — East Sussex County Council v The Information Commissioner,
   Property Search Group,
   Local Government Association
   (Case C-71/14)
   2014/C 102/34
   Language of the case: English
   
      Referring court
   
   First-tier Tribunal (Information Rights)
   
      Parties to the main proceedings
   
   
      Applicant: East Sussex County Council
   
      Defendants: The Information Commissioner, Property Search Group, Local Government Association
   
      Questions referred
   
   
               1.
            
            
               What is the meaning to be attributed to Art 5(2) of Directive 2003/4/EC (1) and in particular can a charge of a reasonable amount for supplying a particular type of environmental information include:
               
                           a)
                        
                        
                           Part of the cost of maintaining a database used by the public authority to answer requests for information of that type;
                        
                     
                           b)
                        
                        
                           Overhead costs attributable to staff time properly taken into account in fixing the charge?
                        
                     
         
               2.
            
            
               Is it consistent with Arts 5(2) and 6 of the Directive for a Member State to provide in its regulations that a public authority may charge an amount for supplying environmental information which does ‘… not exceed an amount which the public authority is satisfied is a reasonable amount’ if the decision of the public authority as to what is a ‘reasonable amount’ is subject to administrative and judicial review as provided under English law?
            
         
      (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 L 41/26, p. 1