C_202402902EN.000101.fmx.xml

Judgment of the Court (Fourth Chamber) of 7 March 2024 (request for a preliminary ruling from the Tallinna Halduskohus - Estonia) - Roheline Kogukond MTÜ and Others v Keskkonnaagentuur

(Case C-234/22, (1) Roheline Kogukond and Others)

(Reference for a preliminary ruling - Environment - Aarhus Convention - Directive 2003/4/EC - Right of access to environmental information - Exceptions - Data relating to the location of permanent sample plots used to draw up a forest inventory)

(C/2024/2902)

Language of the case: Estonian

Referring court

Tallinna Halduskohus

Parties to the main proceedings

Applicants: Roheline Kogukond MTÜ, Eesti Metsa Abiks MTÜ, Päästame Eesti Metsad MTÜ, Sihtasutus Keskkonnateabe Ühendus

Defendant: Keskkonnaagentuur

Operative part of the judgment

Article 2(1)(a) 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 coordinates for locating permanent sample plots used for the periodic collection of data with a view to drawing up a national statistical forest inventory constitute, together with the data collected from those sample plots, from which they are inseparable, environmental information within the meaning of that provision.

Article 4 of Directive 2003/4

must be interpreted as meaning that:

—

the coordinates for the location of permanent sample plots used for the periodic collection of data with a view to drawing up a national statistical forest inventory do not constitute documents in the course of completion or unfinished documents or data within the meaning of point (d) of the first subparagraph of paragraph 1 thereof, or, in any event, environmental information the disclosure of which could undermine the confidentiality of the proceedings of public authorities, within the meaning of point (a) of the first subparagraph of paragraph 2 thereof;

—

the deterioration in the reliability of the data used as a basis for drawing up such a forest inventory, resulting from the disclosure of those coordinates, is such as to prejudice international relations within the meaning of point (b) of the first subparagraph of paragraph 2 thereof, or the protection of the environment to which the information requested relates, within the meaning of point (h) of the first subparagraph of paragraph 2 thereof, provided that such risks are reasonably foreseeable and not purely hypothetical.

Article 8(1) of Directive 2003/4

must be interpreted as meaning that an administrative authority cannot refuse to disclose to the public the coordinates for the location of permanent sample plots used to draw up a national statistical forest inventory solely on the basis of that provision.

Recital 21 of Directive 2003/4

must be interpreted as meaning that it cannot serve as an autonomous legal basis for the communication to the public of the coordinates for the location of permanent sample plots used for the collection of data with a view to drawing up a national statistical forest inventory.

(1) OJ C 237, 20.6.2022.