Complaint to the European Ombudsman - Failure of the European Commission to disclose conformity checking documents in compliance with case C-612/13 P ClientEarth v Commission

ClientEarth argues that the European Commission has improperly withheld conformity checking studies by applying a general presumption of confidentiality to documents that do not meet the legal criteria for such an exception. The complaint asserts that the Commission failed to conduct individual assessments of requested documents, particularly those related to EU Pilot cases and preliminary assessments, in violation of case C-612/13 P and the Aarhus Regulation. Additionally, ClientEarth claims the Commission is neglecting its duty to actively and systematically disseminate environmental information to the public.

• The European Commission refused access to 177 studies in February 2016, citing the protection of ongoing investigations under the EU Pilot or potential future infringement proceedings.
• ClientEarth contends that the Commission erroneously applied a general presumption of confidentiality to studies connected with ongoing EU Pilot cases, whereas the Court of Justice in case C-612/13 P ruled that such a presumption only applies to studies that led to a formal letter of notice.
• The Commission withheld 63 studies not related to ongoing infringement or EU Pilot procedures—specifically 31 where opening an EU Pilot was 'imminent' and 32 under 'preliminary assessment'—which ClientEarth argues avoids the required individual assessment of each document.
• ClientEarth argues that the Commission's use of Article 4(3) of Regulation 1049/2001 to protect the decision-making process is invalid because conformity checking studies constitute 'environmental information' under the Aarhus Regulation and should be interpreted restrictively.
• The document alleges that DG Environment has failed to actively disseminate conformity checking studies in a public register, despite a legal obligation under Article 4(1) of Regulation 1367/2006 to ensure systematic dissemination of environmental information.
• ClientEarth asserts that withholding these studies hinders the public's ability to use national courts to enforce EU environmental law, citing a case in the UK where a challenge to air quality plans was more effective than the Commission's infringement procedure.

APA

ClientEarth (2017). Complaint to the European Ombudsman - Failure of the European Commission to disclose conformity checking documents in compliance with case C-612/13 P ClientEarth v Commission. https://www.clientearth.org/media/tppdql2e/complaint-to-european-ombudsman-failure-of-the-european-commission-to-disclose-conformity-checking-documents-in-compliance-with-case-c-612-13-p-clientearth-v-commission-ce-en.pdf

Chicago

ClientEarth. Complaint to the European Ombudsman - Failure of the European Commission to disclose conformity checking documents in compliance with case C-612/13 P ClientEarth v Commission. 2017. https://www.clientearth.org/media/tppdql2e/complaint-to-european-ombudsman-failure-of-the-european-commission-to-disclose-conformity-checking-documents-in-compliance-with-case-c-612-13-p-clientearth-v-commission-ce-en.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=Complaint to the European Ombudsman - Failure of the European Commission to disclose conformity checking documents in compliance with case C-612/13 P ClientEarth v Commission |date=6 March 2017 |url=https://www.clientearth.org/media/tppdql2e/complaint-to-european-ombudsman-failure-of-the-european-commission-to-disclose-conformity-checking-documents-in-compliance-with-case-c-612-13-p-clientearth-v-commission-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2017complaint, author = {{ClientEarth}}, title = {{Complaint to the European Ombudsman - Failure of the European Commission to disclose conformity checking documents in compliance with case C-612/13 P ClientEarth v Commission}}, publisher = {ClientEarth}, year = {2017}, month = mar, url = {https://www.clientearth.org/media/tppdql2e/complaint-to-european-ombudsman-failure-of-the-european-commission-to-disclose-conformity-checking-documents-in-compliance-with-case-c-612-13-p-clientearth-v-commission-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }