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Commission of the European Union v. Republic of Ireland

Country/Territory
European Union, Ireland
Type of court
Others
Date
Jan 18, 2006
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Poiares Maduro, Mackel
N., Van Panhuys
H.F.
Reference number
C-459/03
Language
English
Subject
Waste & hazardous substances, Water, Environment gen.
Keyword
Ecosystem preservation Water quality standards Radioactive pollution Environmental security
Abstract
Advocate General Poiares Maduro concluded that Ireland breached the EC and Euratom Treaties by asking a UN body to intervene in its dispute with the UK over that country’s Sellafield nuclear plant. Dublin argues that the plant pollutes the Irish sea and contravenes environmental regulations under the UN Convention on the Law of the Sea (Unclos). It lodged a case with the Convention's tribunal in 2001. The tribunal accepted the case but then halted proceedings amid uncertainty over its legal standing. The ECJ should indeed be Ireland's only recourse according to the AG: "Member states are not allowed to act outside the [EC/Euratom] context simply because they consider that such a course of action would be more appropriate".. If the advisor's opinion is backed by the ECJ Ireland would be forced to drop its case at the UN tribunal.
Full text
Commission of the European Union v. Republic of Ireland 18-01-2006 english.pdf
Website
curia.europa.eu

References

Cites

United Nations Convention on the Law of the Sea

Treaty | Multilateral | Montego Bay |

Keyword: Alien species, Inspection, Legal proceedings/administrative proceedings, Management/conservation, Deep sea bed, Islands, Bycatch, Offences/penalties, Enforcement/compliance, Risk assessment/management, Fishing licence fee, Authorization/permit, Fishery management and conservation, Total allowable catch, Marine fisheries, Liability/compensation, Pollution control, Future generations, Marine pollution, Dispute settlement, Monitoring, Stock enhancement/repopulation, Maritime zone, Policy/planning, Marine pollution (dumping at sea), Size, Contract/agreement, Access right, Education, Data collection/reporting, Research, EIA, International organization, Long-range air pollution, Marine mammals, Mining, Business/industry/corporations, High seas, Sovereignty, Marine pollution (land-based sources), Migratory species, Vessel ownership, Court/tribunal, Marine resources management, Jurisdictional competence, Fishing licence, Harbour, Early warning system/emergency intervention system, Fishing gear/fishing method, Navigation, Registration, Continental shelf, Marine pollution (ship-based sources), Exploration, Seasons, International relations/cooperation, Technology transfer, EEZ-Exclusive Economic Zone, Sustainable use

Source: IUCN (ID: TRE-000753)