Right to Know CLG v Commissioner for Environmental Information (Approved) [2022] IECA 210 (21 September 2022)

Right to Know CLG v Commissioner for Environmental Information (Approved) [2022] IECA 210 (21 September 2022)

RPD is not a public authority under the AIE Regulations or Directive 2003/4/EC. The generation of electricity by RPD is not a service of public interest entrusted by national law, nor is RPD vested with special powers beyond normal private law. RPD operates in a competitive market, is not subject to public service obligations, and its licence does not confer public authority status. The identity of shareholders is irrelevant to category (b); control by ESB is insufficient for category (c) as RPD acts autonomously. The High Court erred in law by finding RPD to be a public authority; the appeal is allowed.

Citation
[2022] IECA 210
Parties
Applicant/respondent: Right to Know CLG; Respondent: Commissioner for Environmental Information; Notice Party/appellant: Raheenleagh Power DAC
Jurisdiction
Ireland
Judgment Date
21 September 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision overturned.
Legal Topics
Definition of Public Authority, Access to Environmental Information, Aarhus Convention, Directive 2003/4/ec, Electricity Regulation
Administrative Law Environmental Law EU Law Definition of Public Authority Access to Environmental Information Aarhus Convention Directive 2003/4/ec Electricity Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Right to Know CLG

Applicant/respondent

Commissioner for Environmental Information

Respondent

Raheenleagh Power DAC

Notice Party/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is Raheenleagh Power DAC a public authority under the AIE Regulations and Directive 2003/4/EC?
  2. 2 Was RPD entrusted with the performance of services of public interest?
  3. 3 Does RPD enjoy special powers under national law?

Ratio Decidendi

RPD is not a public authority under the AIE Regulations or Directive 2003/4/EC. The generation of electricity by RPD is not a service of public interest entrusted by national law, nor is RPD vested with special powers beyond normal private law. RPD operates in a competitive market, is not subject to public service obligations, and its licence does not confer public authority status. The identity of shareholders is irrelevant to category (b); control by ESB is insufficient for category (c) as RPD acts autonomously. The High Court erred in law by finding RPD to be a public authority; the appeal is allowed.

Court Disposition

Appeal allowed; High Court decision overturned.

Orders

  • RPD is not a public authority within the meaning of the AIE Regulations or Directive 2003/4/EC.
  • No remittal to the Commissioner; no reference to the CJEU required.