Long -v- Bord Bía & ors [2015] IEHC 206 (20 March 2015)

Long -v- Bord Bía & ors [2015] IEHC 206 (20 March 2015)

The plaintiff lacks standing to bring the proceedings as he is neither a producer, supplier, nor manufacturer directly affected by the accreditation system, but merely an advisor. The claim is general, political in tone, and not justiciable by the plaintiff. Even if standing were established, the claim is bound to fail as it does not identify a specific actionable wrong or decision.

Citation
[2015] IEHC 206
Parties
Plaintiff: Noel Long; Defendant: Bord Bía; Defendant: Irish National Accreditation Board; Defendant: National Standards Authority of Ireland; Defendant: Department of Agriculture for Food and the Marine
Jurisdiction
Ireland
Judgment Date
20 March 2015
Procedural Posture
Motion to Strike Out Proceedings / High Court, Pre Trial, Application to Strike Out
Outcome
Claim struck out
Legal Topics
Standing (locus Standi), Strike Out Applications, Public Procurement Challenges, Accreditation and Standards, Transposition of EU Law
Administrative Law Public Procurement EU Law Standing (locus Standi) Strike Out Applications Public Procurement Challenges Accreditation and Standards Transposition of EU Law

Case Brief

Summary, issues, holding and outcome

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Parties

Noel Long

Plaintiff

Bord Bía

Defendant

Irish National Accreditation Board

Defendant

National Standards Authority of Ireland

Defendant

Department of Agriculture for Food and the Marine

Defendant

Procedural Posture

Motion to Strike Out Proceedings / High Court, Pre Trial, Application to Strike Out

Legal Issues

  1. 1 Whether the plaintiff has standing to challenge the accreditation and procurement systems operated by the defendants
  2. 2 Whether the claim discloses a reasonable cause of action or is bound to fail
  3. 3 Whether the proceedings constitute a collateral attack on a tender decision

Ratio Decidendi

The plaintiff lacks standing to bring the proceedings as he is neither a producer, supplier, nor manufacturer directly affected by the accreditation system, but merely an advisor. The claim is general, political in tone, and not justiciable by the plaintiff. Even if standing were established, the claim is bound to fail as it does not identify a specific actionable wrong or decision.

Court Disposition

Claim struck out

Orders

  • Proceedings struck out on the grounds that the plaintiff has no standing and the claim is bound to fail.