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High Court, in a challenge to the inclusion by the European Commission of Shannon LNG terminal (and connecting pipeline) in a list of “projects of common interest”, refuses to make a reference to the European Court of Justice, on the grounds that the Court was not seised of any underlying dispute in respect of which it has jurisdiction to deliver judgment.
Planning and development – environmental law - judicial review – European law - challenge to the establishment, by the European Commission, of a list of “projects of common interest” - Shannon LNG terminal (and connecting pipeline) - contends that the European Commission exceeded the limits of the powers delegated to it - failed to ensure that only those projects that fulfil the criteria prescribed under the basic legislative act were included on the list of projects of common interest - open correspondence, that the available data was not sufficient to allow consideration of the “sustainability” criteria in a meaningful manner – national court does not have jurisdiction to invalidate to invalidate the delegated regulation – could not satisfy the locus standi requirements – requesting that the High Court make a reference to the European Court - EU legislation at issue - Trans European Energy Networks Regulation - An Bord Pleanála nominated as the national competent authority - a project of common interest has a particular status for the purposes of the Habitats Directive - projects of common interest are eligible for European Union financial assistance in the form of grants for studies and financial instruments – relevant criteria – delegation of powers to the European Commission – claim as pleaded – procedural history - Article 263 TFEU – review of the acts of the Commission - must be instituted within two months of the publication of the measure – locus standi – jurisdiction of national court - for the Member States to ensure that there is a procedure in place whereby any well-founded concern as to the validity of the European Commission’s decision can be brought before the Court of Justice – Ireland’s role - Aarhus Convention on Access to Justice in Environmental Matters - unable to identify any decision or implementing measure at national level which is capable of forming the basis of an action before the High Court - controversy of the validity of the delegated regulation is not a controversy which the High Court has jurisdiction to determine - the legitimus contradictor to this controversy, the European Commission, is not a party to these proceedings - High Court is not seised of any underlying dispute in respect of which it has jurisdiction to deliver judgment – reference cannot be said to be necessary to enable the High Court to give judgment – relief refused.
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