Martin Ferris (Kerry North, Sinn Fein)
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Question 849: To ask the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 222 of 15 December 2010, the way he reconciles his claim that Coillte is a private company with the EU judgment that Coillte Teoranta is and always has been a public undertaking wholly owned by the State; and if he will make a statement on the matter. [48547/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The basis for my statement that Coillte is a private company is that, pursuant to Section 9 (1) of the Forestry Act 1988, Coillte Teoranta was incorporated on 8 December 1988 as a private company under the Companies Act 1963, that is to say, a company limited by shares. The judgement by the European Court of Justice, to which you refer, related to the company's eligibility for payment of afforestation premium in which the Court held that Coillte was a public undertaking for the purposes of the particular EU legislation concerned.