Ogieriakhi -v- Minister for Justice and Equality & ors [2016] IECA 46 (26 February 2016)

Ogieriakhi -v- Minister for Justice and Equality & ors [2016] IECA 46 (26 February 2016)

Ireland's error in transposing Directive 2004/38/EC was excusable and not a manifest or grave disregard of EU law; no sufficiently serious breach occurred. No damages for breach of constitutional rights are available where common law and statutory remedies exist and no defamatory or humiliating conduct occurred. Damages for loss of earnings cannot extend beyond the period when reinstatement was offered and refused.

Citation
[2016] IECA 46
Parties
Plaintiff/respondent: Ewaen Fred Ogieriakhi; Defendant/appellants: The Minister for Justice and Equality, Ireland, The Attorney General and An Post
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
State Liability for Breach of EU Law, Directive 2004/38/ec, Francovich Principle, Wrongful Dismissal, Constitutional Right to Good Name
European Union Law Constitutional Law Employment Law State Liability for Breach of EU Law Directive 2004/38/ec Francovich Principle Wrongful Dismissal Constitutional Right to Good Name

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Parties

Ewaen Fred Ogieriakhi

Plaintiff/respondent

The Minister for Justice and Equality, Ireland, The Attorney General and An Post

Defendant/appellants

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Ireland's failure to properly transpose Directive 2004/38/EC constituted a sufficiently serious breach of EU law to trigger Francovich damages
  2. 2 Whether the plaintiff was entitled to damages for breach of constitutional rights arising from dismissal
  3. 3 Whether damages for loss of earnings should extend beyond the period when reinstatement was offered

Ratio Decidendi

Ireland's error in transposing Directive 2004/38/EC was excusable and not a manifest or grave disregard of EU law; no sufficiently serious breach occurred. No damages for breach of constitutional rights are available where common law and statutory remedies exist and no defamatory or humiliating conduct occurred. Damages for loss of earnings cannot extend beyond the period when reinstatement was offered and refused.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • High Court award of €107,905 for breach of EU law set aside
  • High Court award of €20,000 for breach of constitutional rights set aside