T-545/11: Understanding the Aarhus Emissions Rule

Abstract

The judgment issued by the General Court of the European Union (GC) in Stichting Greenpeace Nederland and Pesticide Action Network Europe (PAN Europe) v Commission [2018] ECLI:EU:T:2018,817, T-545/11 RENV, marks the end of proceedings at EU level that were already initiated in 2011. Stichting Greenpeace Nederland and PAN Europe sought access to certain information submitted by glyphosate manufacturers in the regulatory procedure for the initial EU approval of that herbicidal active substance. Following appeal proceedings and a reference back for a new assessment, the GC finds that documents set up in the active substance approval procedure do not contain information related to emissions into the environment. The GC confirms that the European Commission correctly rejected the access to information request as thiswas needed to protect the confidentiality of commercial and industrial information.