Reference for a preliminary ruling from High Court (Ireland) made on 16 February 2024 – Coillte Cuideachta Ghníomhaíochta Ainmnithe v Commissioner for Environmental Information

(Case C-129/24, Coillte Cuideachta Ghníomhaíochta Ainmnithe)

Language of the case: English

Referring court

High Court

Parties to the main proceedings

Applicant: Coillte Cuideachta Ghníomhaíochta Ainmnithe

Defendant: Commissioner for Environmental Information

Questions referred

Does the word “request” in Article 6(1) of Directive 2003/4¹ read in the light of Article 4(1) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus on 25 June 1998² mean only a request that is valid by reference to the Directive and by reference to the transposing domestic law of the member state concerned?

Does the word “applicant” in Article 2(5) of Directive 2003/4 read in the light of inter alia Article 4(1)(b) and/or Article 6(1) and/or (2) and/or Articles 2(5) and 4(1) and (3)(b) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus on 25 June 1998 mean a natural or legal person identified by their actual name and/or a current physical address, as opposed to an anonymous or pseudonymous person and/or an applicant whose contact details are identified by email only?

If the answer to the second question is No, does Article 3(1) and/or (5)(c) of Directive 2003/4 read in the light of Article 4(1) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus on 25 June 1998 have the effect of precluding national legislation that requires an applicant to furnish his or her actual name and/or current physical address in order to make a request?

If the answer to the second question is No, and the answer to the third question in general is Yes, does Directive 2003/4 read in the light of Article 4 of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus on 25 June 1998 have the effect that where a public authority forms the reasonable view that there is a prima facie question over the genuineness of information regarding his or her identity provided by an applicant, the public authority is precluded from seeking confirmation as to the applicant’s actual name and/or a current physical address, for the purpose of verifying the identity of the applicant, and not for the purpose of determining the interest of the applicant, even if the provision of the actual name and/or current physical address of an applicant could indirectly create the potential for inference or speculation on the part of the public authority or otherwise as to the interest if any of the applicant referred to in Article 3(1) of the Directive?

If the answer to the second question is No, and the answer to the third question in general is Yes, does Article 4(1)(b) of the Directive read in the light of Article 4(3)(b) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus on 25 June 1998 have the effect that a public authority is precluded from seeking confirmation as to the applicant’s actual name and/or a current physical address, for the purposes of determining whether a given request is manifestly unreasonable by reference to the volume, nature and frequency of other requests made by the same applicant, and not for the purpose of determining the interest of the applicant, even if the provision of the actual name and/or current physical address of an applicant could indirectly create the potential for inference or speculation on the part of the public authority or otherwise as to the interest if any of the applicant referred to in Article 3(1) of the Directive?

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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 2003, L 41, p.26.

¹ OJ 2005, L 124, p.4.