ČPŽP 59

1/2021

KOMENTOVANÁ JUDIKATURA SOUDNÍHO DVORA EU A ESLP

ACCESS TO ENVIRONMENTAL INFORMATION FROM THE PRELIMINARY STAGE OF PROCEEDINGS UNDER ARTICLE 258 TFEU Abstract This article provides a brief commentary on the recent case law of the Court of Justice of the European Union (CJEU) related to environmental protection. Furthermore, following the recent judgement of the Supreme Administrative Court of the Czech Republic (SAC) of 30 October 2020, No. 5 As 162/2018-51, it focuses on access to documents relating to an infringement procedure in the broader context of the EU law and German and Austrian practice. The SAC concluded that the information from the infringement proceedings on non- compliance with the Ambient Air Quality Directive (2008/50/EC) obligations can be considered environmental information and qashed the administrative decision that refused to make information available. The official authorities now have to balance the interest on confidentiality of the infringement procedure and possible overriding public interest justifying the disclosure of documents. Key words: Court of Justice of the European Union, case law, access to information, infringement procedure ♠♠

ČESKÉ PRÁVO ŽIVOTNÍHO PROSTŘEDÍ

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