PRESS RELEASE – 4 March 2011
European Court Of Justice Rules Against Ireland On Foot Of Complaints Filed By CHASE
Ruling Poses Real Problem For An Bord Pleanala In Indaver Case
The European Court of Justice (ECJ) has ruled against Ireland with regard a case brought by the Commission on foot of complaints filed by Chase and other similar complaints filed over many years objecting to the way Ireland was operating the provisions of the EIA Directive. This means that the EIA process according to which Indavers proposal is being assessed does not comply with EU Law. (Ruling Attached)
Yesterday (3/3/2011) the Court gave their judgement in the case of Commission v Ireland, known as Case C- 50/09. This case was brought specifically regarding Ireland’s failure to properly implement the EIA Directive by splitting functions between the EPA and the Board, and also by failing to clearly require any body to perform an actual objective assessment of the material they receive from developers.
CHASE Chairperson Mary O’Leary said “The Commission’s case has succeeded completely. Ireland has been condemned by the Court for failing to transpose the key Article 3 of the Directive and by failing to ensure that where Irish Planning Authorities and the EPA both have a role to play in regard to a project that there will be a proper fulfillment of the Directive’s requirements.
This is exactly the point we have been making since 2003, and yesterdays decision poses a real problem for the Board in the Indaver case.”