SUMMARIES OF SELECTED STATEMENTS P. MINISTRY OF FOREIGN AFFAIRS The following statement on a case concluded in 2017 has been published: 2017-6. Refusal of access to letter of formal notice of infringement proceedings from European Commission A journalist had asked the Ministry of Foreign Affairs for access to a letter of formal notice of infringement proceedings from the European Commission. The letter of formal notice concerned Denmark’s implementation with regard to the limit values for NO2 of an EU directive on ambient air quality and cleaner air for Europe. The Ministry considered the case under the provisions of the Environmental Information Act and denied the journalist access with reference to section 13(1) paragraph (2) of the 1985 Access to Public Administration Files Act, cf. section 2(3) of the Environmental Information Act. In addition, the Ministry referred to provisions of two EU regulations and to case law of the European Court of Justice. The Ombudsman found no grounds for criticising that the Ministry of Foreign Affairs had not consulted the Commission regarding the request for access before making its decision. In this connection, the Ombudsman stated that it followed from a judgement by the European Court of Justice that in relation to requests to EU institutions for access to documents in pending treaty infringement proceedings, there is a general presumption that there are such considerations that access to the documents can be denied, even if they contain environmental information. The Ombudsman also pointed to a practice of the Commission to which the Ministry of Foreign Affairs had referred. In addition, the Ombudsman found no grounds to criticise the Ministry’s decision to deny access. Thus, the Ombudsman had no basis for criticising the result of the Ministry’s assessment and balancing of the interests involved. Again, the Ombudsman gave weight to the general presumption in relation to requests to EU institutions for access to documents in pending treaty infringe­ ment proceedings – including documents which contain environmental infor­ mation – that there are such considerations that access to the documents can be denied. 105