On Monday 22 September, ClientEarth lodged an appeal with the Court of Justice of the EU against the European Commission’s maintenance of the new transparency rules of 4 December 2024, which prevent the public from accessing documents relating to ongoing cases.
The NGO challenged the European Commission’s decision using the mechanism for requesting an internal review at the beginning of February 2025 (see EUROPE 13571/33).
By amending Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents, the European Commission is contravening the EU Treaties and Article 4 of the Aarhus Convention, which guarantees citizens the right to information in environmental matters, the NGO maintains.
Access to draft texts, legal opinions, environmental impact assessments and documents from trilogues is now restricted. “It’s not just undemocratic, it’s illegal: the EU treaties guarantee openness and the Commission can’t just rewrite the rules in secret”, said Ilze Tralmaka, ClientEarth’s lawyer.
With its legal action, the NGO claims to be defending “democratic accountability and the right to information”. According to ClientEarth, citizens need to know “which pesticides are in our food” or “what measures are (or are not) being taken to protect our health from pollution and climate disruption”. (Original version in French by Florent Servia)