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  4. Commission of the European Communities v.Ireland
Original language

English

Country
European Union
Date of text
Status
Unknown
Type of court
National - lower court
Sources
InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Tagging
Polluter Pays
Free tags
Environment gen.
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 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.