Murphy v. Wicklow County Council [1999] IEHC 61 (15th December, 1999)

Murphy v. Wicklow County Council [1999] IEHC 61 (15th December, 1999)

The court cannot refer preliminary questions to the Court of Justice under Article 234 after judgment has been delivered, as the precondition that the reference is necessary to enable the court to give judgment is not satisfied.

Citation
[1999] IEHC 61
Parties
Plaintiff: Plaintiff; Defendant: First Defendant
Jurisdiction
Ireland
Procedural Posture
Application for Interlocutory Injunction / Interlocutory; Post Judgment on Injunction Application; Application for Article 234 Reference
Outcome
Plaintiff's application for a preliminary reference under Article 234 refused.
Legal Topics
Interlocutory Injunctions, Preliminary Reference (article 234 Ec), Judicial Procedure
Civil Procedure European Union Law Interlocutory Injunctions Preliminary Reference (article 234 Ec) Judicial Procedure

Case Brief

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory; Post Judgment on Injunction Application; Application for Article 234 Reference

Legal Issues

  1. 1 Whether the court can refer preliminary questions to the Court of Justice of the European Communities under Article 234 after judgment has been delivered
  2. 2 Whether the precondition for a reference under Article 234 is satisfied

Ratio Decidendi

The court cannot refer preliminary questions to the Court of Justice under Article 234 after judgment has been delivered, as the precondition that the reference is necessary to enable the court to give judgment is not satisfied.

Court Disposition

Plaintiff's application for a preliminary reference under Article 234 refused.

Orders

  • Application for preliminary reference refused.
  • Short term arrangements offered to enable appeal if necessary.