Mr. Binman Ltd -v- Limerick County Council [2007] IEHC 469 (21 September 2007)

Mr. Binman Ltd -v- Limerick County Council [2007] IEHC 469 (21 September 2007)

Tacit consent was established for the shipment of 20,000 tonnes of RDF waste as the respondent failed to object within the statutory 30-day period after acknowledgment. The respondent's imposition of a tonnage limit and conditions based on its Waste Management Plan was unlawful and ultra vires, as only financial...

Source-derived case information.

Citation
[2007] IEHC 469
Parties
Applicant: Mr. Binman Limited; Respondent: Limerick County Council
Jurisdiction
Ireland
Judgment Date
21 September 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Trans Frontier Shipment of Waste, Waste Management, Tacit Consent, Ultra Vires, Free Movement of Goods
Environmental Law Administrative Law European Union Law Trans Frontier Shipment of Waste Waste Management Tacit Consent Ultra Vires Free Movement of Goods

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Parties

Mr. Binman Limited

Applicant

Limerick County Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant has the benefit of tacit consent for shipment of 20,000 tonnes of refuse derived fuel (RDF) waste under Council Regulation 259/93
  2. 2 Whether the respondent's imposition of a tonnage limit in the certificate is lawful or ultra vires
  3. 3 Whether the respondent can impose conditions based on its Waste Management Plan contrary to EU law

Ratio Decidendi

Tacit consent was established for the shipment of 20,000 tonnes of RDF waste as the respondent failed to object within the statutory 30-day period after acknowledgment. The respondent's imposition of a tonnage limit and conditions based on its Waste Management Plan was unlawful and ultra vires, as only financial guarantee requirements are relevant under Article 8 of the 1998 Regulations.

Court Disposition

Application granted

Orders

  • Declaration that applicant has benefit of tacit consent for shipment of 20,000 tonnes of RDF waste under Council Regulation 259/93 for the duration of Notification IE140096.
  • Declaration that the respondent's imposition of a limit of 11,000 tonnes in the certificate dated 27 February 2007 is unlawful and ultra vires.