CELEX: C1999/226/27
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-190/99: Action brought on 21 May 1999 by the Commission of the European Communities against Ireland

7.8.1999                EN                     Official Journal of the European Communities                                          C 226/17
3. order the Kingdom of Spain to pay the costs.                           Commission of the European Communities, represented by
                                                                          Mr Peter Oliver, Legal Adviser, acting as agent with an address
                                                                          for service in Luxembourg at the office of Mr Carlos Gómez
                                                                          de la Cruz, Centre Wagner.
Pleas in law and main arguments
— (Legislation does not comply)                                           The Applicant claims that the Court should:
                                                                          — declare that by failing to adopt the laws, regulations or
     Law 38/1995 of 12 December (2) on the right of access to                  administrative provisions necessary to comply with
     information on the environment does not comply with the                   Council Directive 96/43/EC (1) amending and consolidating
     third indent of Article 3(2) in so far as it provides that the            Directive 85/73/EEC (2) in order to ensure financing of
     public authorities may refuse to provide information where                veterinary inspections and controls on live animals and
     it relates to files which have been the subject-matter of                 certain animal products and amending Directives
     actions in the past.                                                      90/675/EEC (3) and 91/496/EEC (4) and/or by failing to
                                                                               inform the Commission thereof, Ireland has failed to fulfil
— Further, in imposing an obligation on the public authorities                 its obligations under that Directive, and
     to respond to requests for information ‘as soon as possible
     and within a period of two months’, and to ‘indicate its             — order Ireland to pay the costs.
     reasons for refusing requests for information’, Law
     38/1995 recognises silence on the part of the adminis-
     tration as being sufficient to be an implied rejection of a          Pleas in law and main arguments
     request for information.
— Finally, the necessary legal provisions are not in place                Article 249 EC (ex Article 189), under which a directive shall
     either to establish that information on the environment is           be binding, as to the result to be achieved, upon each Member
     free or to fix the prices to be charges for supplying such           State, carries by implication an obligation on the Member
     information; in the latter case, to ensure compliance with           States to observe the period for compliance laid clown in the
     Article 5 of the directive, the charges laid clown may not           directive. That period has expired without Ireland having
     exceed a reasonable cost.                                            enacted the provisions necessary to comply with the directive
                                                                          referred to in the conclusions of the Commission.
— The Commission considers that, in one specific case,
     the Spanish authorities simply mechanically applied an               (1) of 26 June 1996 (OJ L 162, 1.7.1996, p. 1).
     internal rule on charges the application of which is                 (2) of 29 January 1985 on the financing of health inspections and
     contrary to Article 5 of the directive because the charge,               controls of fresh meat and poultrymeat (OJ L 32, 5.2.1985, p. 14).
     which is payable prior to the requested documentation                (3) of 10 December 1990 laying down the principles governing the
     being provided, exceeds a reasonable cost. The Spanish                   organization of veterinary checks on products entering the
     administration failed to take the directive into account and,            Community from third countries (OJ L 373, 31.12.1990, p. 1).
     as it acknowledged, the fee was charged not in respect of            (4) of 15 July 1991 laying down the principles governing the
                                                                              organization of veterinary checks on animals entering the Com-
     the supply of information on the environment but pursu-                  munity from third countries and amending Directives
     ant to national legislation on the supply of technical                   89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991,
     studies, without regard being had to the definition of                   p. 56).
     information relating to the environment given in Article
     2(a) of the directive.
(1) OJ 1990 L 158, p. 56.
(2) Boletin Oficial de España 297, of 13.12.1995.
                                                                          Reference for a preliminary ruling by the High Court of
                                                                          Justice (England and Wales), Queen’s Bench Division,
                                                                          Crown Office, by order of that Court of 14 April 1999, in
                                                                          the case of The Queen against Secretary of State for the
                                                                                    Home Department, Ex parte: Manjit Kaur
Action brought on 21 May 1999 by the Commission of                                                  (Case C-192/99)
          the European Communities against Ireland
                                                                                                    (1999/C 226/28)
                          (Case C-190/99)                                 Reference has been made to the Court of Justice of the
                                                                          European Communities by an order of the High Court of
                          (1999/C 226/27)                                 Justice (England and Wales), Queen’s Bench Division, Crown
                                                                          Office, of 14 April 1999, which was received at the Court
                                                                          Registry on 25 May 1999, for a preliminary ruling in the case
An action against Ireland was brought before the Court of                 of The Queen against Secretary of State for the Home
Justice of the European Communities on 21 May 1999 by the                 Department, Ex parte: Manjit Kaur, on the following questions: