Land Baden-Württemberg v D.R (C-619/19)

Judgment of 20 Jan 2021

law://eu/cjeu/2019/c-619-19/para_69@2026-11-12

69As the Advocate General has observed in point 34 of his Opinion, that obligation to state reasons is not fulfilled where a public authority merely refers formally to one of the exceptions provided for in Article 4(1) of Directive 2003/4. On the contrary, a public authority which adopts a decision refusing access to environmental information must set out the reasons why it considers that the disclosure of that information could specifically and actually undermine the interest protected by the exceptions relied upon. The risk of that interest being undermined must be reasonably foreseeable and not purely hypothetical (see, by analogy, judgment of 21 July 2011, Sweden v MyTravel and Commission, C‑506/08 P, EU:C:2011:496, paragraph 76).

Land Baden-Württemberg v D.R (C-619/19)

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