Official Journal of the European Union

C 90/5

(Case C-552/07) (*)

(Directive 2001/18/EC - Deliberate release of genetically modified organisms - Location of release - Confidentiality)

2009/C 90/07

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Commune de Sausheim

Defendant: Pierre Azelvandre

Re:

Reference for a preliminary ruling — Conseil d’État (France) — Interpretation of Article 19 of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ 1990 L 117, p. 15) and of Article 4 of Directive 2003/4/EC of 28 January 2003 of the European Parliament and of the Council on public access to environmental information (OJ 2003 L 41, p. 26) — Meaning of ‘location of release’ of genetically modified organisms (GMOs) — Is release confined to a particular registered parcel of land or to a larger geographical area (Commune, Canton, Department)? — If the former, may disclosure of the registered reference number of the parcel in question be refused on grounds of the protection of public order or of the safety of individuals or property?

Operative part of the judgment

1.The ‘location of release’, within the meaning of the first indent of Article 25(4) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, is determined by all the information relating to the location of the release submitted by the notifier to the competent authorities of the Member State on whose territory that release is to take place in the context of the procedures referred to in Articles 6, 7, 8, 13, 17, 20 or 23 of that directive.

2.An exception relating to the protection of public order or other interests protected by law cannot be relied on against the disclosure of the information set out in Article 25(4) of Directive 2001/18.

(*) OJ C 37, 9.2.2008.