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Flachglas Torgau GmbH v. Federal Republic of Germany (European Court of Justice 2 CMLR 17)

Jurisdiction: European Union

Principle law(s): EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)

Side A: Flachglas Torgau GmbH (Corporation)

Side B: Federal Republic of Germany (Government)

Core objectives: Flachglas sought access to information re: Germany's allocation of emissions licenses that the German Government had refused on confidentiality grounds.

Flachglas Torgau requested information about Germany's allocation of emissions licenses during 2005-2007. The requested information was contained in internal documents produced by the Ministry for the Environment concerning legislation process for GHG emissions trading. The Ministry refused this request, citing the confidentiality of proceedings of public authorities. The 2003 Directive concerning public access to information provides that environmental information is generally considered public; however, the court upheld the Ministry's decision to deny access to the documents requested.
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