CELEX: 62019CA0619
Language: en
Date: 2021-01-20 00:00:00
Title: Case C-619/19: Judgment of the Court (First Chamber) of 20 January 2021 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Land Baden-Württemberg v D.R. (Reference for a preliminary ruling — Environment — Aarhus Convention — Directive 2003/4/EC — Public access to environmental information — ‘Stuttgart 21’ infrastructure project — Refusal of a request for environmental information — Article 4(1) — Grounds for refusal — Term ‘internal communications’ — Scope — Limitation in time of the protection of such communications)

8.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/13
            
         
      Judgment of the Court (First Chamber) of 20 January 2021 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Land Baden-Württemberg v D.R.
      (Case C-619/19) (1)
      
      (Reference for a preliminary ruling - Environment - Aarhus Convention - Directive 2003/4/EC - Public access to environmental information - ‘Stuttgart 21’ infrastructure project - Refusal of a request for environmental information - Article 4(1) - Grounds for refusal - Term ‘internal communications’ - Scope - Limitation in time of the protection of such communications)
      (2021/C 79/15)
      Language of the case: German
      
         Referring court
      
      Bundesverwaltungsgericht
      
         Parties to the main proceedings
      
      
         Appellant: Land Baden-Württemberg
      
         Respondent: D.R.
      
         Other parties: Deutsche Bahn AG, Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 4(1)(e) of 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 must be interpreted as meaning that the term ‘internal communications’ covers all information which circulates within a public authority and which, on the date of the request for access, has not left that authority’s internal sphere — as the case may be, after being received by that authority, provided that it was not or should not have been made available to the public before it was so received.
               
            
                  2.
               
               
                  Article 4(1)(e) of Directive 2003/4 must be interpreted as meaning that the applicability of the exception to the right of access to environmental information provided for by it in respect of internal communications of a public authority is not limited in time. However, that exception can apply only for the period during which protection of the information sought is justified.
               
            
         (1)  OJ C 406, 2.12.2019.