Court of Appeal dismisses appeal against the decision of the High Court refusing an application for judicial review of two decisions said to constitute a refusal by the first respondent of a request made pursuant to Regulations on access to information on the environment (the AIE Regulations), which transposed into law the provisions of an EU Directive on access to information on the environment (the AIE Directive), on the grounds, inter alia, that requirement set out in the AIE Regulations that an applicant for information on the environment state that the request is made pursuant to the AIE Regulations accords with the object and purpose of the AIE Directive, and is not in conflict with the Directive.
Court of Appeal - Judicial review – European Law - European Communities (Access to Information on the Environment) Regulations 2007 – 2018 (“the AIE Regulations”) – High Court refused relief - whether the requirement set out in Article 6(1)(b) of the AIE Regulations that an applicant for information on the environment state that the request is made pursuant to the AIE Regulations accords with the object and purpose of the AIE Directive – legislative background - Right to Know’s request – the judicial review – decision of the High Court - issues arising in the appeal - alleged failure to pursue alternative remedies – whether Article 6(1)(b) is a practical arrangement as envisaged by Article 3(5) of the AIE Directive – appellant has not made out the case that Article 6(1)(b) is not permitted by the AIE Directive – whether Article 6(1)(b) is in breach the “principles and policies” test - Article 6(1)(b) is a practical step in accordance with the Directive - as it is a practical step, it is thus an incidental provision within the meaning of s. 3 of the 1972 Act and, as such, is entirely consistent with Article 15.2.1 of the Constitution – Court dismisses the appeal –