Dun Laoghaire Rathdown County Council -v- West Wood Club Ltd [2015] IEHC 800 (17 December 2015)

Dun Laoghaire Rathdown County Council -v- West Wood Club Ltd [2015] IEHC 800 (17 December 2015)

The Circuit Court has jurisdiction to determine whether rates amount to State aid but not to decide compatibility with the internal market. The defendant may rely on EU law to challenge the claim, but remedies are limited by national procedural rules. The Circuit Court lacks jurisdiction to entertain the counterclaim for damages as framed.

Citation
[2015] IEHC 800
Parties
Plaintiff/respondent: Dun Laoghaire-Rathdown County Council; Defendant/appellant: West Wood Club Limited
Jurisdiction
Ireland
Judgment Date
17 December 2015
Procedural Posture
Circuit Appeal / Appeal From Circuit Court Preliminary Ruling on Jurisdiction
Outcome
Appeal allowed; Circuit Court to hear the matter in light of this judgment unless parties request a stated case.
Legal Topics
State Aid, Commercial Rates, Jurisdiction, Competition Rules, Tax Exemption
European Union Law Competition Law Local Government Law State Aid Commercial Rates Jurisdiction Competition Rules Tax Exemption

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Parties

Dun Laoghaire-Rathdown County Council

Plaintiff/respondent

West Wood Club Limited

Defendant/appellant

Procedural Posture

Circuit Appeal / Appeal From Circuit Court Preliminary Ruling on Jurisdiction

Legal Issues

  1. 1 Does the Circuit Court have jurisdiction to consider State aid issues in a commercial rates claim?
  2. 2 Can the defendant rely on EU State aid law to defeat the plaintiff's claim for rates?
  3. 3 Is the defendant entitled to damages or relief under EU law for alleged unlawful State aid?

Ratio Decidendi

The Circuit Court has jurisdiction to determine whether rates amount to State aid but not to decide compatibility with the internal market. The defendant may rely on EU law to challenge the claim, but remedies are limited by national procedural rules. The Circuit Court lacks jurisdiction to entertain the counterclaim for damages as framed.

Court Disposition

Appeal allowed; Circuit Court to hear the matter in light of this judgment unless parties request a stated case.

Orders

  • Matter remitted to Circuit Court for hearing.
  • Option to state a case to the High Court offered to parties.