MacFhlannchadha v An tAire Talmhaiochta, Bia agus Mara (Unapproved) [2022] IECA 1_Irish (11 January 2022)

MacFhlannchadha v An tAire Talmhaiochta, Bia agus Mara (Unapproved) [2022] IECA 1_Irish (11 January 2022)

The language requirements in Articles 58, 59(1), and 61(1) of Directive 2001/82/EC are directly effective; the applicant, as an Irish-speaking consumer, is entitled to rely on them. The relevant Irish statutory instruments (SI 144/2007 and SI 786/2007) failed to transpose these requirements correctly. The Court has jurisdiction to grant a declaration against the State and its emanations, but not against private parties. The declaration is limited to the State and does not extend to private manufacturers or suppliers.

Citation
[2022] IECA 1
Parties
Respondent: Peadar MacFhlannchadha; Appellants: An tAire Talmhaiochta, Bia agus Mara, Éire agus An tArd Aighne
Jurisdiction
Ireland
Judgment Date
11 January 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Direct Effect of EU Directives, Language Requirements for Veterinary Medicinal Products, Ultra Vires Statutory Instruments, Transposition of EU Law, Judicial Review
European Union Law Administrative Law Constitutional Law Direct Effect of EU Directives Language Requirements for Veterinary Medicinal Products Ultra Vires Statutory Instruments Transposition of EU Law Judicial Review

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Parties

Peadar MacFhlannchadha

Respondent

An tAire Talmhaiochta, Bia agus Mara, Éire agus An tArd Aighne

Appellants

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a declaration that national regulations transposing Directive 2001/82/EC are ultra vires for failing to require information in both Irish and English
  2. 2 Whether the language requirements in Directive 2001/82/EC have direct effect
  3. 3 Whether national courts have jurisdiction to declare national transposing measures invalid as a matter of EU law

Ratio Decidendi

The language requirements in Articles 58, 59(1), and 61(1) of Directive 2001/82/EC are directly effective; the applicant, as an Irish-speaking consumer, is entitled to rely on them. The relevant Irish statutory instruments (SI 144/2007 and SI 786/2007) failed to transpose these requirements correctly. The Court has jurisdiction to grant a declaration against the State and its emanations, but not against private parties. The declaration is limited to the State and does not extend to private manufacturers or suppliers.

Court Disposition

Appeal dismissed

Orders

  • Declaration granted that the State failed to correctly transpose Articles 58, 59(1), and 61(1) of Directive 2001/82/EC in SI 144/2007 and SI 786/2007 regarding language requirements for packaging, labelling, and information leaflets.
  • Declaration limited to the State and its emanations; does not apply to private parties.