LITIGATING FOR ACCESS

USE OF LITIGATION TO OBTAIN ACCESS TO INFORMATION IS AN IMPORTANT STRATEGIC INSTRUMENT FOR ACCESS INFO EUROPE.

HERE YOU WILL FIND OUR CURRENT AND PAST ADMINISTRATIVE APPEALS, OMBUDSMAN COMPLAINTS AND COURT CASES PRESSING FOR ACCESS.

ACCESS INFO EUROPE’S

ONGOING CASES

EUROPEAN UNION

European Commission Postal Addresses – Refusal to register requests without various information being provided, including surnames and postal addresses.
Council of the EU Panel 255 Opinions – The information has been denied on grounds of privacy and protection of decision making.
European Commission Mandatory lobby register – Request for legal advice on whether there can be a mandatory lobby register.
European Commission Commissioners’ expenses – In October 2015, we asked for the expenses of the 28 Commissioners on travel and on entertainment.
European Commission Legal advice on EU-Turkey refugee deal #1 – Documents containing legal advice on the EU-Turkey deal produced before 18 March 2016.
European Commission Legal advice on EU-Turkey refugee deal #2 – Documents containing legal advice on the EU-Turkey deal produced after 18 March 2016.

SPAIN

Ministry of Presidency OGP – Access Info is currently party to a court case in which the Government is litigating against the Transparency Council to challenge the disclosure of documents relating to what Spain’s OGP commitments.
Ministry of Industry Energy Law – Documents submitted during a formal public consultation but failed to rule on access to other documents that may have been submitted by lobbyists.
Ministry of Presidency Agendas of Council of Ministers meetings – We requested the agendas of meetings of the Council of Ministers and meetings of the Secretaries of state held during the years 2014 and 2015.

OTHER JURISDICTIONS

Berlin Court Berlin Company Register – Complaint filed with the Berlin Information Commissioner.
Austria Constitutional Amendment (introduction of RTI), Freedom of Information Act – Constitutional Amendment (introduction of RTI), Freedom of Information Act.

ACCESS INFO EUROPE’S

PAST CASES

EUROPEAN UNION

Council of the European Union Member States identities – The European Court of Justice rejected arguments by the Council of the EU that it should be able to keep secret the identities of Member States making proposals in the context of negotiations on EU legislation.
European Commission Serbia Sludge – Request for information containing the opinions of experts judging submissions made for a tender proposal in Serbia.

SPAIN

Ministry of Justice Spain’s UNCAC measures – Access Info lost a last appeal against the costs imposed after a five-year legal battle to obtain a response to an information request asking what Spain is doing to implement the UN Convention against Corruption.

HIGHLIGHTED

CASES

Access Info Europe v.
Council of the European Union

The case

In a case brought by Access Info Europe in 2011, the European Court of Justice rejected arguments by the Council of the EU that it should be able to keep secret the identities of Member States making proposals in negotiations on future EU legislation.

Read more here »

Access Info Europe v.
European Commission

The case

Access Info Europe is taking the European Commission to the European Court of Justice to obtain its internal legal analysis of this year’s controversial EU-Turkey deal on return of refugees to Turkey.

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Legal advice on the EU
lobby register

The case

Access Info Europe was denied access to the legal advice sought by the European Commission on the possibility of having a mandatory lobby register. Access Info will appeal this decision, considering there is a clear public interest in the disclosure of this information.

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Spain energy law
lobby transparency

The case

Using Spain’s Transparency Law, Access Info revealed the tense political battles behind a controversial 2015 law that imposes prohibitive taxes on use of home-produced energy (such as from solar power). We now seek access to further documents submitted by third parties during the drafting of the law.

Read more here »