CELEX: C2000/063/15
Language: en
Date: 2000-03-04 00:00:00
Title: Judgment of the Court of 11 January 2000 in Joined Cases C-174/98 P and C-189/98 P: Kingdom of the Netherlands and Gerard van der Wal v Commission of the European Communities (Appeal — Access to information — Commission Decision 94/90/ECSC, EC, Euratom — Scope of the exception relating to protection of the public interest — Inadequate statement of reasons — Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms — Principles of equality between the parties and rights of the defence)

C 63/8                   EN                     Official Journal of the European Communities                                           4.3.2000
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                     of 11 January 2000
                          (Third Chamber)
                                                                           in Joined Cases C-174/98 P and C-189/98 P: Kingdom of
                       of 16 December 1999                                 the Netherlands and Gerard van der Wal v Commission
                                                                                            of the European Communities (1)
in Case C-138/99: Commission of the European Communi-                      (Appeal — Access to information — Commission Decision
            ties v Grand Duchy of Luxembourg (1)                           94/90/ECSC, EC, Euratom — Scope of the exception relating
                                                                           to protection of the public interest — Inadequate statement
                                                                           of reasons — Article 6 of the European Convention for the
(Failure by a Member State to fulfil its obligations —                     Protection of Human Rights and Fundamental Freedoms —
Directive 94/56/EC — Air transport — Civil aviation —                      Principles of equality between the parties and rights of the
  Investigation of accidents and incidents — Transposition)                                                defence)
                                                                                                       (2000/C 63/15)
                           (2000/C 63/14)
                                                                                                 (Language of the case: Dutch)
                     (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published     In Joined Cases C-174/98 P and C-189/98 P: Kingdom of the
                    in the European Court Reports)                         Netherlands (Agents: M.A. Fierstra and C. Wissels) and Gerard
                                                                           van der Wal, residing in Crainhem, Belgium, represented by
                                                                           L.Y.J.M. Parret, with an address for service in Luxembourg at
In Case C-138/99: Commission of the European Communities                   the Chambers of A. May, 31 Grand-Rue — appeal against the
(Agent: F. Benyon) v Grand Duchy of Luxembourg (Agent:                     judgment of the Court of First Instance (Fourth Chamber) of
P. Steinmetz) — application for a declaration that, by failing             19 March 1998, in Case T-83/96 Van der Wal v Commission
to adopt the laws, regulations and administrative provisions               [1998] ECR II-545, seeking to have that judgment set aside,
necessary to comply with Council Directive 94/56/EC of                     the other party to the proceedings being Commission of the
21 November 1994 establishing the fundamental principles                   European Communities (Agents: W. Wils and U. Wölker) —
governing the investigation of civil aviation accidents and                the Court, composed of: G.C. Rodrı́guez Iglesias, President,
incidents (OJ 1994 L 319, p. 14), the Grand Duchy of                       J.C. Moitinho de Almeida (Rapporteur), D.A.O. Edward and
Luxembourg has failed to fulfil its obligations under that                 L. Sevón, Presidents of Chambers, P.J.G. Kapteyn, C. Gulmann,
directive — the Court (Third Chamber), composed of: J.C. Moit-             G. Hirsch, H. Ragnemalm and M. Wathelet, Judges; G. Cosmas,
inho de Almeida, President of the Chamber, C. Gulmann                      Advocate General; H. von Holstein, Deputy Registrar, has
(Rapporteur) and J.-P. Puissochet, Judges; F.G. Jacobs, Advocate           given a judgment on 11 January 2000, in which it:
General; R. Grass, Registrar, has given a judgment on
16 December 1999, in which it:                                             1. Sets aside the judgment of the Court of First Instance of the
                                                                                European Communities of 19 March 1998 in Case T-83/96
                                                                                Van der Wal v Commission;
1. Declares that, by failing to adopt within the prescribed period the
    laws, regulations and administrative provisions necessary to
    comply with Council Directive 94/56/EC of 21 November                  2. Annuls the Commission’s decision of 29 March 1996 refusing
    1994 establishing the fundamental principles governing the                  access to certain documents;
    investigation of civil aviation accidents and incidents, the Grand
    Duchy of Luxembourg has failed to fulfil its obligations under         3. Orders the Commission of the European Communities to pay the
    that directive;                                                             costs relating to both sets of proceedings;
                                                                           4. Orders the Kingdom of the Netherlands to bear its own costs, as
2. Orders the Grand Duchy of Luxembourg to pay the costs.                       intervener in Case T-83/96, in the proceedings before the Court
                                                                                of First Instance and, as intervener in Case C-189/98 P, in these
                                                                                proceedings.
(1) OJ C 188 of 3.7.1999.
                                                                           (1) OJ C 258 of 15.8.1998.