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Wilhelm Mecklenburg v Kreis Pinneberg , 17 June 1998, Case 321/96.

Facts: Relying on the Community directive on the freedom of access to information on the environment (90/313/EEC), the individual applicant requested to the town of Pinneberg a copy of the statement of views adopted by the countryside protection authority in connection with the construction of a bypass. This was refused on the ground that this information did not relate to the environment within the meaning of the directive.

Holding: the ECJ ruled in favor of the applicant, namely that there was a breach of Directive 90/313/EEC when he was refused access to the statement of views about the construction of the bypass.

Reasoning: the Directive covered any information which could adversely affect, or protect, the environment, including administrative measures and environmental management programmes. Exceptions in which access to information could be refused under the directive related only to proceedings of a judicial or quasi-judicial nature.

 

 

 

 

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