ClientEarth Loses EU Court Appeal Over Fisheries Transparency

Yesterday, 05 September 2024, the European Court of Justice (Fourth Chamber) dismissed an appeal by ClientEarth, a non-profit environmental law organisation, which sought access to documents from the European Commission regarding the implementation of fisheries control measures in France and Denmark.

The case, C-249/23 P, stemmed from ClientEarth’s request under EU Regulation 1049/2001, which governs public access to EU documents. ClientEarth sought information related to the application of Regulation (EC) No 1224/2009, which enforces compliance with the European Union’s fisheries policy. The European Commission partially refused access, citing the protection of ongoing inspections and audits, which led to ClientEarth’s legal challenge.

The General Court ruled against ClientEarth in February 2023, prompting the organisation’s appeal. ClientEarth argued that the documents were crucial for public participation in the legislative process, especially for enhancing environmental protections. However, the European Commission maintained that disclosing such documents would jeopardise ongoing investigations and was protected under Article 4(2) of Regulation 1049/2001.

The Court of Justice upheld the General Court’s decision, agreeing that the Commission’s refusal was justified. The court emphasised that ClientEarth had not demonstrated an overriding public interest that outweighed the need for confidentiality in the Commission’s audit process. The judgement highlighted that while transparency is vital, it must be balanced against the protection of investigatory procedures.

As a result, the Court dismissed ClientEarth’s appeal and ordered the organisation to pay the legal costs incurred during the proceedings.

This ruling reinforces the EU’s stance on maintaining confidentiality in investigatory matters, even in the face of public interest claims related to environmental legislation.