Ringaskiddy & Distirct Residents Association & ors -v- EPA & ors [2008] IESC 55 (31 July 2008)

Ringaskiddy & Distirct Residents Association & ors -v- EPA & ors [2008] IESC 55 (31 July 2008)

The appellants failed to establish a substantial or material risk of conflicting decisions between the national courts and the Court of Justice, as no proceedings had yet been commenced by the Commission and the legal basis of any such proceedings was unknown. The interests of justice and the need for expedition in long-standing proceedings outweighed speculative risks of conflict. The appeal against the refusal to grant a stay or adjournment was dismissed.

Citation
[2008] IESC 55
Parties
Applicants/appellants: Mary O’Leary & Others; Respondents: An Bord Pleanala, Ireland and the Attorney General; Notice Party: Indaver NV, trading as Indaver Ireland & Others; Applicant/appellant: Ringaskiddy and District Residents’ Association Limited; Respondents: Environmental Protection Agency, Ireland and the Attorney General; Notice Parties: Indaver NV, trading as Indaver Ireland & Others
Jurisdiction
Ireland
Judgment Date
31 July 2008
Procedural Posture
Appeal (interlocutory) / Supreme Court Appeal From High Court Refusal of Stay/adjournment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Planning Permission, Waste Licence, Transposition of EU Directives, Adjournment of Proceedings, Potential Conflict With EU Law, Community Law Primacy
Administrative Law Environmental Law European Union Law Judicial Review Planning Permission Waste Licence Transposition of EU Directives Adjournment of Proceedings +2 more

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Parties

Mary O’Leary & Others

Applicants/appellants

An Bord Pleanala, Ireland and the Attorney General

Respondents

Indaver NV, trading as Indaver Ireland & Others

Notice Party

Ringaskiddy and District Residents’ Association Limited

Applicant/appellant

Environmental Protection Agency, Ireland and the Attorney General

Respondents

Indaver NV, trading as Indaver Ireland & Others

Notice Parties

Procedural Posture

Appeal (interlocutory) / Supreme Court Appeal From High Court Refusal of Stay/adjournment

Legal Issues

  1. 1 Whether national proceedings should be adjourned pending potential infringement proceedings by the European Commission against Ireland regarding transposition of the EIA Directive
  2. 2 Whether there is a substantial risk of conflicting decisions between national courts and the Court of Justice of the European Communities

Ratio Decidendi

The appellants failed to establish a substantial or material risk of conflicting decisions between the national courts and the Court of Justice, as no proceedings had yet been commenced by the Commission and the legal basis of any such proceedings was unknown. The interests of justice and the need for expedition in long-standing proceedings outweighed speculative risks of conflict. The appeal against the refusal to grant a stay or adjournment was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Refusal to grant stay or adjournment affirmed
  • Proceedings to continue in the High Court