CELEX: E2013J0007
Language: en
Date: 2013-04-16 00:00:00
Title: Judgment of the Court of 16 December 2013 in Case E-7/13 — Creditinfo Lánstraust hf. v Registers Iceland and the Icelandic State (Directive 2003/98/EC on the re-use of public sector information — Principles governing charging — Transparency — Notion of cost — Self-financing requirements)

19.3.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 92/33
            
         JUDGMENT OF THE COURT
   of 16 December 2013
   in Case E-7/13
   Creditinfo Lánstraust hf. v Registers Iceland and the Icelandic State
   (Directive 2003/98/EC on the re-use of public sector information — Principles governing charging — Transparency — Notion of cost — Self-financing requirements)
   (2015/C 92/07)
   In Case E-7/13, Creditinfo Lánstraust hf. v Registers Iceland and the Icelandic State – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice from Reykjavík District Court (Héraðsdómur Reykjavíkur) concerning the interpretation of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 16 December 2013, the operative part of which is as follows:
   
               1.
            
            
               Articles 6 and 7 of Directive 2003/98/EC require that, when charges are made for the re-use of public sector information, a substantive examination must have been undertaken at the time when the charge is fixed. The examination must show that the total income from such charges does not exceed the cost of collection, production, reproduction and dissemination of documents, plus a reasonable return on investment. If the factors relevant to performing a calculation are uncertain, an estimate must at least be made. However, the calculation basis for the charges need only be made available upon request. This applies irrespective of whether the charge is set in legislation, by the relevant public authority or by other means.
            
         
               2.
            
            
               When the cost pursuant to Article 6 of the Directive is determined, account may be taken of the cost incurred by a public sector body in connection with the initial collection and production of the documents in question. In such case, any income accrued in that respect, for example fees or taxes such as stamp duties, which reduce or offset that cost, must also be taken into account.
            
         
               3.
            
            
               Self-financing requirements for public sector bodies may be taken into account when determining the cost under Article 6 of the Directive. This applies insofar as only cost elements, together with a reasonable return on investment, that are related to the document processing necessary for re-use set out in Article 6 are taken into account.