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Case C-619/19: Judgment of the Court (First Chamber) of 20 January 2021 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Land Baden-Württemberg v D.R. (Reference for a preliminary ruling — Environment — Aarhus Convention — Directive 2003/4/EC — Public access to environmental information — ‘Stuttgart 21’ infrastructure project — Refusal of a request for environmental information — Article 4(1) — Grounds for refusal — Term ‘internal communications’ — Scope — Limitation in time of the protection of such communications)
ECLI:EU:UNKNOWN:62019CA0619
62019CA0619
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8.3.2021
Official Journal of the European Union
C 79/13
(Case C-619/19)
(Reference for a preliminary ruling - Environment - Aarhus Convention - Directive 2003/4/EC - Public access to environmental information - ‘Stuttgart 21’ infrastructure project - Refusal of a request for environmental information - Article 4(1) - Grounds for refusal - Term ‘internal communications’ - Scope - Limitation in time of the protection of such communications)
(2021/C 79/15)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Land Baden-Württemberg
Respondent: D.R.
Other parties: Deutsche Bahn AG, Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
Operative part of the judgment
1.Article 4(1)(e) of 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 must be interpreted as meaning that the term ‘internal communications’ covers all information which circulates within a public authority and which, on the date of the request for access, has not left that authority’s internal sphere — as the case may be, after being received by that authority, provided that it was not or should not have been made available to the public before it was so received.
2.Article 4(1)(e) of Directive 2003/4 must be interpreted as meaning that the applicability of the exception to the right of access to environmental information provided for by it in respect of internal communications of a public authority is not limited in time. However, that exception can apply only for the period during which protection of the information sought is justified.
(1) OJ C 406, 2.12.2019.