March 5, 1997
The successful legal challenge was mounted by the World Wide Fund For Nature (WWF). It claimed that the Commission was interpreting its own Code of Conduct on the release of documents to the public too narrowly. "This is an important victory for all who want to see more openness in European decision-making," said Tony Long, Director of the European Policy Office. "The Court of First Instance has come down on the side of the citizen against big government." The Code of Conduct Concerning Public Access to Commission and Council Documents came into force on 15 February 1994. It includes a range of exceptions including one which states that the Commission "may refuse access (to documents) in order to protect the institutions interest in the confidentiality of its proceedings". "This catch-all exemption allowed too much discretion to the Commission," added Georg Berrisch, WWF's lawyer from Schön Nolte Finkelnburg & Clemm. "Todays Court decision begins to set out some more reasonable boundaries to protect the citizens rights to open government." The case is the first legal challenge against the European Commission on the basis of the Code of Conduct. John Carvel from the newspaper The Guardian brought a successful case against the European Council in 1995. WWF's challenge arose from the refusal by the Commissions Secretary-General, Mr David Williamson, to disclose information about the allocation of structural funds for a visitors centre in national park Mullaghmore, in County Clare in Western Ireland. Contact: Martin Hiller, WWF European Policy Office, +32 2 743 8806
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