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Document 62014CN0071

Case C-71/14: Reference for a preliminary ruling from First-tier Tribunal (Information Rights) (United Kingdom) made on 10 February 2014 — East Sussex County Council v The Information Commissioner, Property Search Group, Local Government Association

OJ C 102, 7.4.2014, p. 25–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

7.4.2014   

EN

Official Journal of the European Union

C 102/25

Reference for a preliminary ruling from First-tier Tribunal (Information Rights) (United Kingdom) made on 10 February 2014 — East Sussex County Council v The Information Commissioner,

Property Search Group,

Local Government Association

(Case C-71/14)

2014/C 102/34

Language of the case: English

Referring court

First-tier Tribunal (Information Rights)

Parties to the main proceedings

Applicant: East Sussex County Council

Defendants: The Information Commissioner, Property Search Group, Local Government Association

Questions referred

1.

What is the meaning to be attributed to Art 5(2) of Directive 2003/4/EC (1) and in particular can a charge of a reasonable amount for supplying a particular type of environmental information include:

a)

Part of the cost of maintaining a database used by the public authority to answer requests for information of that type;

b)

Overhead costs attributable to staff time properly taken into account in fixing the charge?

2.

Is it consistent with Arts 5(2) and 6 of the Directive for a Member State to provide in its regulations that a public authority may charge an amount for supplying environmental information which does ‘… not exceed an amount which the public authority is satisfied is a reasonable amount’ if the decision of the public authority as to what is a ‘reasonable amount’ is subject to administrative and judicial review as provided under English law?

(1)  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

OJ L 41/26, p. 1

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