Friends of the Irish Environment CLG v The Minister for Climate Action and the Environment & Ors (Unapproved) [2022] IECA 298 (21 December 2022)

Friends of the Irish Environment CLG v The Minister for Climate Action and the Environment & Ors (Unapproved) [2022] IECA 298 (21 December 2022)

There was no genuine dispute at national level requiring a reference to the CJEU under Art. 267 TFEU, as the only issue was the validity of the delegated regulation, which is within the exclusive jurisdiction of the EU courts. The Irish State's actions were preparatory and not implementing measures. The applicant lacked standing to challenge the regulation via national proceedings, and the High Court and Court of Appeal had no jurisdiction to entertain the challenge or make a reference.

Citation
[2022] IECA 298
Parties
Applicant/appellant: Friends of the Irish Environment CLG; Respondents/respondents: Minister for Communications Climate Action and the Environment, Ireland and the Attorney General; Notice Party: Shannon LNG Limited
Jurisdiction
Ireland
Judgment Date
21 December 2022
Procedural Posture
Judicial Review and Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; application for judicial review refused
Legal Topics
Preliminary Reference Procedure (art. 267 Tfeu), Standing to Challenge EU Acts (art. 263 Tfeu), Judicial Review of Delegated EU Regulations, National Implementing Measures, Climate Action and Low Carbon Development Act 2015, Projects of Common Interest (pci), Trans European Energy Networks Regulation (ten E)
European Union Law Administrative Law Environmental Law Preliminary Reference Procedure (art. 267 Tfeu) Standing to Challenge EU Acts (art. 263 Tfeu) Judicial Review of Delegated EU Regulations National Implementing Measures Climate Action and Low Carbon Development Act 2015 +2 more

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Parties

Friends of the Irish Environment CLG

Applicant/appellant

Minister for Communications Climate Action and the Environment, Ireland and the Attorney General

Respondents/respondents

Shannon LNG Limited

Notice Party

Procedural Posture

Judicial Review and Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a national court may refer the validity of an EU delegated regulation to the CJEU under Art. 267 TFEU in the absence of national implementing measures
  2. 2 Whether the Irish State's failure to veto the inclusion of the Shannon LNG Terminal in the Union List constitutes an implementing measure or breach of domestic law
  3. 3 Whether the applicant has standing to challenge the delegated regulation via national proceedings

Ratio Decidendi

There was no genuine dispute at national level requiring a reference to the CJEU under Art. 267 TFEU, as the only issue was the validity of the delegated regulation, which is within the exclusive jurisdiction of the EU courts. The Irish State's actions were preparatory and not implementing measures. The applicant lacked standing to challenge the regulation via national proceedings, and the High Court and Court of Appeal had no jurisdiction to entertain the challenge or make a reference.

Court Disposition

Appeal dismissed; application for judicial review refused

Orders

  • Application for preliminary reference to the CJEU refused
  • Application for judicial review dismissed