Title:
Commission of the European Communities v.Ireland
Party:
European Union
Region:
Europe
Type of document:
National - lower court
Date of text:
November 09, 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.
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 Commissions 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.