ABSTRACT
In Case C-217/97 Commission v Germany (1999), the ECJ held that Germany had failed to fulfil its obligations under the Directive (i) by failing to provide for access to be given to information during administrative proceedings where the public authorities have received information in the course of those proceedings; (ii) by failing to provide for information to be supplied in part where it is possible to separate out information concerning the interests referred to in Art 3(2) of the directive; and (iii) by failing to provide that a charge is to be made only where information is in fact supplied.
