Press release
ClientEarth takes European Commission to EU’s highest court over illegal transparency rollback
22 September 2025
ClientEarth lawyers have sued the European Commission for illegally changing its transparency rules to prevent the public from accessing crucial documents for their health and the environment.
Lawyers today filed a case before the General Court of the European Union after the European Commission doubled down on its controversial transparency rule changes, despite clear breaches of EU law and binding court rulings. Earlier this year, ClientEarth lawyers asked the EU Commission to repeal fresh rules blocking public access to key documents – such as drafts, legal advice, environmental impact assessments, and messages of its officials. The Commission, refused to do so, leaving no alternative but judicial challenge to uphold democratic accountability and the right to know.
Lawyers argue that the Commission’s stance contradicts EU treaty obligations, the Aarhus Convention and the Aarhus Regulation, as well as multiple rulings by the CJEU, most notably the 2018 ClientEarth v Commission judgment.
Ilze Tralmaka, ClientEarth lawyer, said:
“Despite the damning Pfizergate ruling that exposed secrecy at the highest levels of the EU and the political backlash culminating in a no-confidence vote, the Commission is still choosing a path of secrecy. This is a direct assault on transparency, and we are now taking that fight to the EU’s highest court.”
“Blocking access to documents in the early stages of the legislative process – including legal opinions and internal messages – seriously hinders democratic participation. That’s not just undemocratic, it’s unlawful: EU Treaties guarantee openness, and the Commission cannot simply rewrite the rules in secret.”
“With this legal case, we want to defend citizens’ fundamental right to know – what pesticides end up in our food, what chemicals are hidden in everyday products, and what action is (or isn’t) being taken to protect our health from pollution and climate breakdown.”
The General Court will now review the application for annulment and rule on the legality of the Commission’s decision.
ENDS
Notes to editors:
- Pfizergate refers to a political controversy originating from text message exchanges between European Commission President Ursula von der Leyen and Pfizer CEO Albert Bourla during the 2021 COVID-19 vaccine negotiation process. The New York Times, citing these messages, formally requested access under EU transparency laws – requests that were initially denied by the Commission. The EU’s General Court annulled the European Commission’s refusal to disclose text messages exchanged between President Ursula von der Leyen and Pfizer’s CEO during COVID-19 vaccine negotiations, finding that the Commission violated both Regulation 1049/2001 (on access to documents) and the right to good administration under the EU Charter. The fallout culminated in a highly publicised no-confidence vote on 10 July 2025 – the first such motion against a Commission president in over a decade – which she survived with 360 MEPs voting against the motion, 175 in favour, and 18 abstaining.
Legal case background:
- In January, ClientEarth lawyers challenged the European Commission for ditching key transparency rules.
- On 10 July 2025, the European Commission replied to ClientEarth’s January request, standing by its untransparent changes.
- Another complaint was brought against the same rules by civil society organisations, academics and former European Parliament official De Capitani.
Other EU Commission undemocratic rollbacks:
- In parallel, the European Commission has begun to weaken several key pieces of environmental legislation through flawed processes that breach both the EU Treaties and its own Better Regulation guidelines. ClientEarth has taken steps to challenge these rollbacks:
- In 2024, we challenged the Commission’s “anti-democratic” CAP revision.
- The same year, thanks to our complaint, the Ombudsman opened an investigation into the European Commission’s downgrading of the wolf’s protection status.
- In May 2025, the EU Ombudsman launched an inquiry into the lack of transparency and public consultation leading to the first Omnibus – following a complaint by ClientEarth and several other NGOs.
- On 8 July 2025, ClientEarth submitted a formal complaint to the Ombudsman against the Commission’s refusal to provide any information on the so-called ‘critical raw materials strategic projects’ designated in March 2025.
- Just one day later, we’ve urged the European Commission to halt deregulation Omnibus in chemicals sector, which lacked proper public consultation
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.