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CJEU Case C-57/16 P / Opinion

ClientEarth v European Commission.

Policy area:
Institutional affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Appeal — Access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Impact assessment report, draft impact assessment report and opinion of the Impact Assessment Board — Legislative initiatives in respect of environmental matters — Refusal to grant access — Disclosure of the documents requested in the course of the proceedings — Continuing interest in bringing proceedings — Exception relating to the protection of the ongoing decision-making process of an EU institution — General presumption.

Outcome of the case:

In view of the foregoing, I propose that the Court should:

  1. declare that there is no longer any need to adjudicate on the application for annulment of the decision of 3 April 2014 by which the European Commission refused access to the draft impact assessment report on access to justice in environmental matters at Member State level in the field of EU environmental policy; 
  2. set aside the judgment of the General Court of the European Union of 13 November 2015, ClientEarth v Commission (T‑424/14 and T‑425/14, EU:T:2015:848);
  3. order the Commission to pay the costs;
  4. order the Republic of Finland and the Kingdom of Sweden to bear their own costs.