Dun Laoghaire Rathdown Co Co v Westwood Club Ltd [2019] IESC 43 (29 May 2019)

Dun Laoghaire Rathdown Co Co v Westwood Club Ltd [2019] IESC 43 (29 May 2019)

The Circuit Court, as an organ of the State, is obliged to give effect to EU law and has jurisdiction to entertain a State Aid defence in rates recovery proceedings. Raising such a defence is not necessarily a challenge to the general validity of the rate requiring judicial review. Remedies for unlawful State Aid may be available, subject to national procedural rules and the principles of equivalence and effectiveness.

Citation
[2019] IESC 43
Parties
Plaintiff/respondent: Dún Laoghaire Rathdown County Council; Defendant/appellant: West Wood Club Limited
Jurisdiction
Ireland
Judgment Date
29 May 2019
Procedural Posture
Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
State Aid, Jurisdiction, Rates Recovery, Primacy of EU Law, Judicial Review
Administrative Law European Union Law Competition Law State Aid Jurisdiction Rates Recovery Primacy of EU Law Judicial Review

Case Brief

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Parties

Dún Laoghaire Rathdown County Council

Plaintiff/respondent

West Wood Club Limited

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Does the Circuit Court have jurisdiction to determine a State Aid defence in rates recovery proceedings?
  2. 2 Is raising a State Aid defence a challenge to the validity of the rate requiring judicial review?
  3. 3 If the Circuit Court has jurisdiction, can it award damages to nullify unlawful State Aid?

Ratio Decidendi

The Circuit Court, as an organ of the State, is obliged to give effect to EU law and has jurisdiction to entertain a State Aid defence in rates recovery proceedings. Raising such a defence is not necessarily a challenge to the general validity of the rate requiring judicial review. Remedies for unlawful State Aid may be available, subject to national procedural rules and the principles of equivalence and effectiveness.

Court Disposition

Appeal allowed

Orders

  • Circuit Court has jurisdiction to entertain State Aid defence in rates recovery proceedings.
  • Raising State Aid defence is not necessarily a challenge to the validity of the rate requiring judicial review.