Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/22/2010

Subject: The Court affirmed that a request for the reporting of trading data relating to the names of holders of the transferring accounts and acquiring accounts of the emission allowances, allowances or Kyoto units involved in those transactions and the date and time of those transactions, comes exclusively under the specific rules governing public reporting and confidentiality contained in Directive 2003/87/EC. Trading data such as that requested in the main proceedings by a public authority wishing to renegotiate an agreement on public service delegation is confidential data within the meaning of Regulation No 2216/2004 and such data, in the absence of the prior consent of the relevant account holders, may be freely consulted by the general public only in the public area of the Community independent transaction log’s website. The administrator of the national registry who has received a request for reporting of such trading data must independently reject that request since, in the absence of the prior consent of the relevant account holders, that administrator is required to guarantee the confidentiality of that data until it has become legally reportable to the general public by the Central Administrator.

Parties: Ville de Lyon

Classification: Freedoms - Solidarity - Art. 37 Environmental protection - Citizens’ rights - Art. 42 Right to access documents of EU institutions

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