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Commission of the European Communities v.Ireland

Title
Commission of the European Communities v.Ireland
Party
European Union
Type of document
National - lower court
Date of text
November 9, 2006
Data source
InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Justice(s)
Timmermans, C.W.A.
Kuris, O.
Klucka, J.
Silva de Lapuerta, R.
Makarczyk, J.
Stix-Hackl, C.
Glossary term(s)
environmental impact assessment
enforcement
environmental standard
compliance
ECOLEX Subject(s)
Environment gen.
Abstract

The ECJ has ruled against the Commission in a case against Ireland. Ireland had imposed a fee of €20 charged for commenting on planning applications and objecting to those. According to the Court the Commission’s objections are without foundation, as the issue is one of national law and therefore for the Irish judges to rule upon. The Court thereby endorsed an Advisory Opinion that was issued in March of this year. Since it did not rule on the merits the question regarding the polluter pays principle remained unanswered.