Long -v- Bord Bia & ors [2016] IECA 316 (08 November 2016)

Long -v- Bord Bia & ors [2016] IECA 316 (08 November 2016)

The plaintiff lacks standing to challenge the accreditation and standards system as he is neither a producer nor an authorised representative within the meaning of EC Regulation 765/2008. His complaints are not justiciable by him and do not disclose a reasonable cause of action. The proceedings are bound to fail and were correctly struck out by the High Court.

Citation
[2016] IECA 316
Parties
Plaintiff / Appellant: Noel Long; Defendant / Respondent: Bord Bia; Defendant / Respondent: Irish National Accreditation Board; Defendant / Respondent: National Standards Authority of Ireland; Defendant / Respondent: Department of Agriculture, Food and the Marine
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings
Outcome
Appeal dismissed
Legal Topics
Standing (locus Standi), Accreditation and Standards, Public Procurement Challenges, Justiciability, Interpretation of EU Regulations
Administrative Law EU Law Public Procurement Standing (locus Standi) Accreditation and Standards Public Procurement Challenges Justiciability Interpretation of EU Regulations

Case Brief

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Parties

Noel Long

Plaintiff / Appellant

Bord Bia

Defendant / Respondent

Irish National Accreditation Board

Defendant / Respondent

National Standards Authority of Ireland

Defendant / Respondent

Department of Agriculture, Food and the Marine

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff has standing to challenge the accreditation and standards system operated by the defendants under EU and national law
  2. 2 Whether the plaintiff's complaints disclose a reasonable cause of action or justiciable issue

Ratio Decidendi

The plaintiff lacks standing to challenge the accreditation and standards system as he is neither a producer nor an authorised representative within the meaning of EC Regulation 765/2008. His complaints are not justiciable by him and do not disclose a reasonable cause of action. The proceedings are bound to fail and were correctly struck out by the High Court.

Court Disposition

Appeal dismissed

Orders

  • High Court order striking out proceedings affirmed
  • No relief granted to plaintiff