Written answers

Wednesday, 8 November 2006

Department of Environment, Heritage and Local Government

Environmental Policy

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 111: To ask the Minister for the Environment, Heritage and Local Government the cases against Ireland, relating to environmental matters, which were commenced by the EU Commission in the European Court since 1997 to date in 2006; the stage to which each such case proceeded; the amount of legal costs incurred by the State in defending the cases; and if he will make a statement on the matter. [36501/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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From January 1997 to date twenty-five environmental infringement proceedings, in areas for which my Department has responsibility, have been brought to the European Court of Justice. Eleven of these cases have since been closed, the requirements of the judgement having been met. One of these had proceeded to Letter of Formal Notice and one to Reasoned Opinion under Article 228 of the Treaty before being closed.

Of the fourteen cases still open:

Five have yet to be heard by the Court.

The judgement of the Court is awaited in three cases which have been heard and on which the opinion of the Advocate General has issued.

The court has delivered its judgement in six cases and my Department is working closely with the Commission and other stakeholders to meet the requirements of these judgements; the Commission has issued a Letter of Formal Notice under Article 228 of the Treaty in respect of three of these cases and the Commission has issued a Reasoned Opinion under Article 228 of the Treaty in two of these cases.

The Office of the Attorney General and the Chief State Solicitor's Office provide the legal service to the State in the conduct of European Court of Justice litigation. Legal fees arising are therefore a matter for those offices.

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