Klohn -v- An Bord Pleanala & ors [2017] IESC 11 (24 February 2017)

Klohn -v- An Bord Pleanala & ors [2017] IESC 11 (24 February 2017)

The Supreme Court determined that the issues regarding the application of the costs regime under the Aarhus Convention and EU Directives could not be resolved without a reference to the Court of Justice of the European Union, as interpretation of EU law was necessary.

Citation
[2017] IESC 11
Parties
Applicant/appellant: Volkmar Klohn; Respondent: An Bórd Pleanála; Notice Party (original Proceedings Only): Sligo County Council; Notice Party (original Proceedings Only): Matthews Animal Collections Limited
Jurisdiction
Ireland
Judgment Date
24 February 2017
Procedural Posture
Appeal / Referral to the Court of Justice of the EU
Outcome
Referral to the Court of Justice of the EU
Legal Topics
Costs in Environmental Litigation, Aarhus Convention Implementation, Retrospectivity of Costs Provisions, Access to Justice, Referral to CJEU
Environmental Law European Union Law Civil Procedure Costs in Environmental Litigation Aarhus Convention Implementation Retrospectivity of Costs Provisions Access to Justice Referral to CJEU

Case Brief

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Parties

Volkmar Klohn

Applicant/appellant

An Bórd Pleanála

Respondent

Sligo County Council

Notice Party (original Proceedings Only)

Matthews Animal Collections Limited

Notice Party (original Proceedings Only)

Procedural Posture

Appeal / Referral to the Court of Justice of the EU

Legal Issues

  1. 1 Whether the costs regime under the Aarhus Convention and relevant EU Directives applies to the applicant
  2. 2 Whether Irish domestic law on costs is compatible with EU law requirements
  3. 3 Whether the new costs provisions apply to pending cases

Ratio Decidendi

The Supreme Court determined that the issues regarding the application of the costs regime under the Aarhus Convention and EU Directives could not be resolved without a reference to the Court of Justice of the European Union, as interpretation of EU law was necessary.

Court Disposition

Referral to the Court of Justice of the EU

Orders

  • Parties are afforded 14 days to make written observations on the draft reference to the CJEU.
  • The Court will finalise the reference after considering any observations.