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Questions on delays in access to environmental information referred to EU Court after remittal dispute
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The High Court decided to refer key questions to the Court of Justice of the European Union (CJEU) concerning the obligation for a national authority, when reviewing refusals of requests for environmental information, to make its own final decision rather than remitting the matter back to the public body—particularly in circumstances where such remittal may cause delay. This referral arose from a challenge to the repeated remittal of an environmental information request concerning a wind farm project. The court found that a further remittal caused unnecessary delay and may infringe the right to a timely and effective remedy, and emphasised that administrative convenience, case backlogs, or delays by the public body do not justify remittal unless it is the most expeditious option. The proceedings are stayed pending the answer of the CJEU.
environmental information – judicial review – referral to Court of Justice of the European Union (CJEU) – remittal to public body – request for access to information – timeliness of remedy – Aarhus Convention – Directive 2003/4 – European Communities (Access to Information on the Environment) Regulations 2007 – Rules of the Superior Courts (RSC) – declaratory relief – administrative delay – lead case procedure – public body delay – article 267 TFEU
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