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Decision Summary

  • Case Ref: FER0219897
  • Date: 20 October 2009
  • Public Authority: Department for Environment Food and Rural Affairs
  • Summary: The complainant requested a copy of the UK government’s response to the European Commission’s Reasoned Opinion concerning Whitburn storm water pumping station. As part of the first phase of infraction proceedings that can lead to a Member State being referred to the European Court of Justice, the Reasoned Opinion acts as a formal determination that a Member State, in this case the UK, is in breach of its obligations under EU law. The Department for Environment, Food and Rural Affairs (“Defra”) refused the request under regulation 12(5)(a) and 12(5)(b) of the Environmental Information Regulations. The Commissioner considers that Defra was correct to withhold the information under 12(5)(a) and has therefore decided not to uphold the complaint.
  • View PDF of Decision Notice: [1]