4.2.2012
EN
Official Journal of the European Union
C 32/13
Reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 3 October 2011 — Deutsche Umwelthilfe e.V. v Federal Republic of Germany
(Case C-515/11)
2012/C 32/22
Language of the case: German
Referring court
Verwaltungsgericht Berlin
Parties to the main proceedings
Applicant: Deutsche Umwelthilfe e.V.
Defendant: Federal Republic of Germany
Questions referred
1.
Is the second sentence of Article 2(2) of Directive 2003/4/EC (1) of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC to be interpreted as meaning that bodies and institutions are acting in a legislative capacity when their activities relate to legislation by the executive on the basis of authorisation given by a law enacted by Parliament?
2.
If question 1 is to be answered in the affirmative, are such bodies and institutions permanently excluded from the term ‘public authority’, or only until completion of the legislative process?
(1) OJ 2003 L 41, p. 26.
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