Energie Est LDA, R (on the application of) v Secretary of State for Energy and Climate Change & Anor

Energie Est LDA, R (on the application of) v Secretary of State for Energy and Climate Change & Anor

The claimant's product was only certified for use with water, not refrigerant, under EN 12975. The decision to limit MCS registration to the certified use was lawful, rational, and did not breach EU or UK law, legitimate expectation, procedural fairness, or property rights.

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
Judicial Review, Certification Schemes, Legitimate Expectation, Procedural Fairness, Mutual Recognition, Green Energy Regulation
Administrative Law EU Law Human Rights Law Judicial Review Certification Schemes Legitimate Expectation Procedural Fairness Mutual Recognition +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 the refusal to register the claimant's product under the 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, under EN 12975. The decision to limit MCS registration to the certified use was lawful, rational, and did not breach EU or UK law, legitimate expectation, procedural fairness, or property rights.

Court Disposition

Claim dismissed