Uitspraak Nº 202004073/3/A3. Raad van State, 2020-07-31
Court | |
Docket Number | 202004073/3/A3 |
ECLI | ECLI:NL:RVS:2020:1858 |
202004073/3/A3.
Datum uitspraak: 31 juli 2020
AFDELING
BESTUURSRECHTSPRAAK
Uitspraak van de voorzieningenrechter van de Afdeling bestuursrechtspraak van de Raad van State op een verzoek om het treffen van een voorlopige voorziening (artikel 8:81 van de Algemene wet bestuursrecht) hangende het hoger beroep van:
de minister van Landbouw, Natuur en Voedselkwaliteit,
verzoeker,
tegen de uitspraak van de voorzieningenrechter van de rechtbank Noord-Nederland (hierna: de rechtbank) van 3 juli 2020 in zaak nrs. 20/300 en 20/301 in het geding tussen:
de Coöperatie Mobilisation for the Environment (hierna: MOB), gevestigd te Nijmegen,
en
de minister.
Procesverloop
Bij besluiten van 6 juni 2019, 1 juli 2019 en 23 juli 2019 heeft de minister op het verzoek om informatie van MOB beslist en is een aantal PAS-meldingen openbaar gemaakt met uitzondering van de naam van de melder en de locatiegegevens.
Bij besluit van 10 december 2019 heeft de minister het door MOB daartegen gemaakte bezwaar ongegrond verklaard.
Bij besluit van 1 april 2020 heeft de minister het besluit van 10 december 2019 gewijzigd, in die zin dat naar aanleiding van het verzoek om informatie van MOB de PAS-meldingen die gedaan zijn door tien derde-belanghebbenden, afzonderlijk openbaar zijn gemaakt.
Bij uitspraak van 3 juli 2020 heeft de rechtbank het door MOB daartegen ingestelde beroep gegrond verklaard voor zover daarin de besluiten van 6 juni 2019, 1 juli 2019 en 23 juli 2019 om locatiegegevens in de PAS-meldingen van de tien derde-belanghebbenden niet openbaar te maken, zijn gehandhaafd, het bezwaar van MOB alsnog gegrond verklaard in die zin dat de locatiegegevens uit de PAS-meldingen van de tien derde-belanghebbenden alsnog openbaar worden gemaakt, bepaald dat de openbaarmaking van deze locatiegegevens niet eerder zal plaatsvinden dan op 24 juli 2020 en niet later zal plaatsvinden dan op 31 juli 2020 en bepaald dat deze uitspraak in de plaats treedt van het besluit van 1 april 2020 voor zover dat besluit is vernietigd.
De minister heeft hoger beroep ingesteld. Tevens heeft de minister de voorzieningenrechter verzocht een voorlopige...
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