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Commission of the European Communities v. Ireland

Country/Territory
European Union
Type of court
International court
Date
May 30, 2006
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Skouris
Jann
Timmermans
Malenovský
Puissochet
Schintgen
Colneric
von Bahr
Cunha Rodrigues
Ilesic
Klucka
Lõhmus
Levits
Reference number
C-459/03
Language
English
Subject
Waste & hazardous substances, Sea
Keyword
Dispute settlement Energy conservation/energy production Marine pollution Legal proceedings/administrative proceedings Court/tribunal Nuclear energy Marine pollution (land-based sources) International relations/cooperation
Abstract
Ireland instituted dispute-settlement proceedings before the arbitral tribunal of the United Nations Convention on the Law of the Sea against the United Kingdom of Great Britain and Northern Ireland concerning the MOX plant located at Sellafield (United Kingdom). The MOX plant is situated on the coast of the Irish Sea and recycles nuclear material. Ireland stated that the United Kingdom had breached its obligations under the convention by failing to take the necessary measures to prevent pollution of the marine environment of the Irish Sea. The Commission of the European Community commenced an action under Article 226 EC for failure to fulfill obligations. It claimed that, by bringing proceedings against the United Kingdom under the Convention, Ireland had failed to respect the exclusive jurisdiction of the European Court of Justice (ECJ) under Article 292 EC to rule on any dispute concerning the interpretation and application of Community law. The ECJ found that the provisions in question were to a large extent regulated by community measures and thus formed part of the community legal order. The Court therefore had jurisdiction to deal with disputes relating to the interpretation and application of those provisions. The court held that Ireland had failed to meet its obligation to respect the exclusive jurisdiction of the ECJ and had breached community law.
Full text
Commission of the European Communities v. Ireland 30-05-2006 en.pdf
Website
curia.europa.eu