The EU Court of Justice has ruled that key information on how EU fisheries rules are implemented by Member States can remain confidential. 

This ruling is the last stage of a case ClientEarth brought against the Commission for refusing to grant the NGO access to audit reports detailing failures by France and Denmark to control illegal fishing – in breach of EU fisheries laws. 

Audit reports help assess whether countries are properly implementing EU fisheries laws and serve as a basis for follow-up actions, including Commission infringement procedures for breaches of EU law. The information is also essential to the ongoing evaluation of the Common Fisheries Policy, ClientEarth have said. However, only a few officials have access to up-to-date and reliable information on EU law enforcement while MEPs and civil society are kept in the dark. 

ClientEarth Senior lawyer Anne Friel said: “We are very disappointed by this judgment, which highlights that people and NGOs are being deprived of their very basic rights – knowing whether Member States are actually complying with the laws that exist to protect them and the environment, and what the Commission is doing about it. It means that illegal fishing can remain hidden and unpunished, and civil society is prevented from effectively participating in decision-making on the Common Fisheries Policy. Ultimately, it means the ocean remains vulnerable to abuse.” 

Fishing Daily reported that the court emphasised that ClientEarth had not demonstrated an overriding public interest that outweighed the need for confidentiality in the Commission’s audit process. The judgement highlighted that while transparency is vital, it must be balanced against the protection of investigatory procedures. As a result, the Court dismissed ClientEarth’s appeal and ordered the organisation to pay the legal costs incurred during the proceedings. 

ClientEarth has said that it brought the case before the EU Courts because it became aware that one of the member states was explicitly lobbying the European Parliament to water down the obligations the Commission was pursuing in an infringement action.  

• In 2021, ClientEarth challenged the Commission before the General Court of the EU for refusing to grant the NGO access to audit reports on the implementation of the Fisheries Control regulation by France and Denmark. 

• In 2023, the Court ruled that the audit reports can remain confidential. ClientEarth lawyer appealed that decision before the Court of Justice of the EU. 

• The new ruling is the final stage of the legal procedure. 

• The judgment of the court can be read here.