18.8.2012

Official Journal of the European Union

C 250/9

(Case C-279/12)

2012/C 250/17

Language of the case: English

Referring court

Parties to the main proceedings

Applicants: Fish Legal, Emily Shirley

Defendants: The Information Commissioner, United Utilities, Yorkshire Water and Southern Water

Questions referred

Article 2.2(b) of Directive 2003/4/EC (1)

1.In considering whether a natural or legal person is one ‘performing public administrative functions under national law’, is the applicable law and analysis purely a national one?

(i)the function in question is in substance a 'public administrative one;

(ii)national law has in substance vested such function in that person?

Article 2.2(c) of Directive 2003/4/EC

3.What is meant by a person being 'under the control of a body or person falling within Article 2.2(a) or (b)? In particular, what is the nature, form and degree of control required and what criteria may or may not be used to identify such control?

4.Is an “emanation of the State” (under paragraph 20 of the judgment in Foster v British Gas plc (Case C-188189) necessarily a person caught by Article 2.2(c)?

Article 2.2(b) and (c)

5.Where a person falls within either provision in respect of some of its functions, responsibilities or services, are its obligations to provide environmental information confined to the information relevant to those functions, responsibilities or services or do they extend to all environmental information held for any purpose?

(1) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC

OJ L 41, p. 26