Campus Oil Ltd & Ors v Minister for Industry and Energy & Ors [1983] IESC 2 (17 May 1983)

Campus Oil Ltd & Ors v Minister for Industry and Energy & Ors [1983] IESC 2 (17 May 1983)

The correct test for granting interlocutory injunctions is whether a fair or serious question is raised to be tried, not a probability of success at trial. In exceptional circumstances, a mandatory interlocutory injunction may be granted to preserve the status quo and prevent irreparable harm. The court should not interpret EU Treaty provisions before a preliminary ruling from the European Court of Justice.

Citation
[1983] IESC 2
Parties
Plaintiffs: Campus Oil Limited and Others; Defendants: Minister for Industry and Energy and Others
Jurisdiction
Ireland
Judgment Date
17 May 1983
Procedural Posture
Appeal / Appeal Against Grant of Interlocutory Injunction by High Court
Outcome
Appeal dismissed
Legal Topics
Interlocutory Injunctions, Mandatory Injunctions, Interpretation of EU Treaties, Balance of Convenience, Status Quo Preservation
Administrative Law European Union Law Civil Procedure Interlocutory Injunctions Mandatory Injunctions Interpretation of EU Treaties Balance of Convenience Status Quo Preservation

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Parties

Campus Oil Limited and Others

Plaintiffs

Minister for Industry and Energy and Others

Defendants

Procedural Posture

Appeal / Appeal Against Grant of Interlocutory Injunction by High Court

Legal Issues

  1. 1 What is the correct test for granting interlocutory (including mandatory) injunctions?
  2. 2 Should the court interpret EU Treaty provisions before a preliminary ruling from the European Court of Justice?
  3. 3 Is a mandatory interlocutory injunction appropriate in this case?

Ratio Decidendi

The correct test for granting interlocutory injunctions is whether a fair or serious question is raised to be tried, not a probability of success at trial. In exceptional circumstances, a mandatory interlocutory injunction may be granted to preserve the status quo and prevent irreparable harm. The court should not interpret EU Treaty provisions before a preliminary ruling from the European Court of Justice.

Court Disposition

Appeal dismissed

Orders

  • Interlocutory injunctions granted by the High Court are affirmed
  • Plaintiffs must comply with the mandatory regime under the Fuels (Control of Supplies) Order, 1982, pending trial