Judgment_paragraph 117 · Liga para Protecção da Natureza (LPN) v European Commission (T-29/08)

117Admittedly, Article 6(1) of Regulation No 1367/2006, as a special rule in relation to the provisions of Article 4(2) of Regulation No 1049/2001, contains points of clarification relating to the strict interpretation of the exceptions laid down in those provisions and to the balancing of the divergent interests (see paragraphs 105 to 108 above), a consideration which may result in fuller access to environmental information than to other information contained in documents held by the institutions. However, that finding has no bearing on the question whether the institution concerned is or is not required to carry out a specific and individual examination of the documents or information requested. Consequently, the conditions recognised by the case-law, under which that institution may, exceptionally, dispense with such a specific and individual examination, apply mutatis mutandis where the documents concerned obviously fall within a single category capable of being covered by one of the exceptions laid down in Article 4 of Regulation No 1049/2001. Indeed, under those principles enshrined in case-law, even though it follows from the first sentence of Article 6(1) of Regulation No 1367/2006 that the presumption of the existence of an overriding public interest in the disclosure of information on emissions into the environment does not apply in the context of a current infringement procedure, all the documents arising from such an infringement procedure are capable of being protected as a category.

Liga para Protecção da Natureza (LPN) v European Commission (T-29/08)

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