Energie Est LDA, R (on the application of) v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 3026 (Admin) (10 October 2013)

Energie Est LDA, R (on the application of) v Secretary of State for Energy and Climate Change & Anor [2013] EWHC 3026 (Admin) (10 October 2013)

The claimant's product was only certified for use with water, not refrigerant; the MCS decision lawfully reflected the scope of certification and did not impose additional requirements; there was no breach of EU law, domestic law, legitimate expectation, procedural fairness, or property rights.

Citation
[2013] EWHC 3026 (Admin)
Parties
Claimant: Energie Est LDA; First Defendant: Secretary of State for Energy and Climate Change; Second Defendant: Microgeneration Certification Scheme Standards Management Group; Interested Party: Greenewable Energy Limited; Interested Party: Greenheat (a firm); Interested Party: Microgeneration Certification Scheme Steering Group
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Judicial Review / Final Judgment After Expedited Hearing
Outcome
Claim dismissed
Legal Topics
Certification Schemes, Mutual Recognition of Standards, Legitimate Expectation, Procedural Fairness, Green Energy Regulation, Article 1 Protocol 1 ECHR
Administrative Law European Union Law Human Rights Law Certification Schemes Mutual Recognition of Standards Legitimate Expectation Procedural Fairness Green Energy Regulation +1 more

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Parties

Energie Est LDA

Claimant

Secretary of State for Energy and Climate Change

First Defendant

Microgeneration Certification Scheme Standards Management Group

Second Defendant

Greenewable Energy Limited

Interested Party

Greenheat (a firm)

Interested Party

Microgeneration Certification Scheme Steering Group

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether refusal to register claimant's product under MCS for use with refrigerant was unlawful under EU law
  2. 2 Whether the decision contravened the Green Energy (Definition and Promotion) Act 2009
  3. 3 Whether there was a breach of legitimate expectation

Ratio Decidendi

The claimant's product was only certified for use with water, not refrigerant; the MCS decision lawfully reflected the scope of certification and did not impose additional requirements; there was no breach of EU law, domestic law, legitimate expectation, procedural fairness, or property rights.

Court Disposition

Claim dismissed