The Law of 14 September 2018 on a transparent and open
administration ("the Law"),
gives any person the right to obtain access to a document held by
the administration provided that the requested document relates to
the exercise of an administrative activity. However, the Law does
not define the notion of "administrative activity".
The dispute between the State, the municipality of Bissen and
Google on the one hand, and the Ecological Movement on the other
hand, allowed the Administrative Court to clarify this notion and
the scope of application of the Law.
In this case, the State, the municipality of Bissen and Google
had concluded a memorandum of understanding relating to the
establishment of a data centre in Bissen. The Ecological Movement
had requested the communication of the memorandum from the State
and the municipality, then before the Commission on Access to
Documents.
