O'SULLIVAN McCARTHY MUSSEL DEVELOPMENT LTD v. IRELAND - 44460/16 (Judgment : Remainder inadmissible : Fifth Section) [2018] ECHR 471 (07 June 2018)

O'SULLIVAN McCARTHY MUSSEL DEVELOPMENT LTD v. IRELAND - 44460/16 (Judgment : Remainder inadmissible : Fifth Section) [2018] ECHR 471 (07 June 2018)

The temporary prohibition on mussel seed fishing was a lawful measure taken to comply with EU environmental obligations and did not violate Article 1 of Protocol No. 1. The applicant had no legitimate expectation to uninterrupted business, operational negligence is not recognized in Irish law, and the State owed no duty of care to the applicant in these circumstances. Losses were not attributable to unlawful State action.

Citation
[2018] ECHR 471
Parties
Applicant: O'Sullivan McCarthy Mussel Development Ltd; Respondent: Ireland
Jurisdiction
European Union
Judgment Date
07 June 2018
Procedural Posture
Application Under Article 34 ECHR / Final Judgment of European Court of Human Rights
Outcome
Application dismissed; no violation found.
Legal Topics
Right to Property, Legitimate Expectation, Operational Negligence, State Liability, Environmental Protection, Aquaculture Regulation
Human Rights Law Environmental Law Administrative Law EU Law Right to Property Legitimate Expectation Operational Negligence State Liability +2 more

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Parties

O'Sullivan McCarthy Mussel Development Ltd

Applicant

Ireland

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment of European Court of Human Rights

Legal Issues

  1. 1 Whether temporary prohibition on mussel seed fishing violated Article 1 of Protocol No. 1 (peaceful enjoyment of possessions)
  2. 2 Whether applicant exhausted domestic remedies
  3. 3 Whether applicant had a legitimate expectation to continue business

Ratio Decidendi

The temporary prohibition on mussel seed fishing was a lawful measure taken to comply with EU environmental obligations and did not violate Article 1 of Protocol No. 1. The applicant had no legitimate expectation to uninterrupted business, operational negligence is not recognized in Irish law, and the State owed no duty of care to the applicant in these circumstances. Losses were not attributable to unlawful State action.

Court Disposition

Application dismissed; no violation found.