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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

    IO 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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