| Plaintiff v. The Commission & Anor. [2019] IEHC 80 |
Referral to the CJEU on habitats directive questions. |
Recorded as part of the project's litigation history leading to CJEU involvement. |
| Friends of the Irish Environment Ltd v An Bord Pleanála, C‑254/19, EU:C:2020:680 |
CJEU conclusion that renewal may require appropriate assessment. |
Recounted as CJEU authority that influenced prior quashing of extension of permission. |
| Plaintiff v. The Minister & Company A [2020] IEHC 383 |
Decision not to refer issues about Projects of Common Interest. |
Noted in case history; illustrates prior refusals to refer certain EU questions. |
| Commission Delegated Regulation (EU) 2020/389 |
Adoption of list of projects of common interest (regulatory context). |
Noted as background regulatory instrument. |
| Plaintiff v. The Minister & Company A [2021] IEHC 177 |
Dismissing balance of challenge re List of Projects of Common Interest. |
Recorded in litigation chronology. |
| Plaintiff v. The Minister & Company A [2022] IECA 298 |
Court of Appeal dismissal of appeal about referral to CJEU re PCI list. |
Recorded as part of appellate history. |
| Company A v. The Commission [2024] IEHC 555 |
Quashing of the Commission's refusal of permission for the project. |
Noted in the procedural history of the project. |
| Plaintiff v. The Commission [2026] IEHC 205 |
High Court upholding permission for related powerplant and works. |
Recorded as a substantive connected decision in the litigation history. |
| Concerned Residents of Treascon and Clondoolusk v. The Commission & Ors. [2024] IESC 28 |
Issue must fall within pleadings; relevance to leave to appeal. |
Applied to emphasise that a point not in pleadings will not usually support leave to appeal. |
| Leech v. The Commission [2025] IESCDET 106 |
Issues of pleading and misinterpretation of administrative decision usually not matters of public importance. |
Relied on to show pleading deficiencies are generally not appealable points of law of public importance. |
| O'Sullivan v. Health Service Executive [2023] IESC 11 |
Limits on draft judgment engagement; procedural guidance. |
Quoted in relation to the draft judgment procedure and its limits. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75 |
Caution against treating judicial procedures as if they require criminal trial formalities. |
Used to underline appropriate scope of draft judgment engagement. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 |
Reasons for restricting publication of draft judgments. |
Relied on to justify directions restraining publication of draft judgment. |
| Baigent v. Random House Group Ltd [2006] EWHC 1131 (Ch) |
Confidentiality of draft judgments and related considerations. |
Referenced on confidentiality of drafts. |
| R. (Counsel General for Wales) v. Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 |
Procedure and publication of drafts guidance. |
Referenced for draft judgment confidentiality principles. |
| Public Institution for Social Security v. Banque Pictet & Cie SA [2022] EWCA Civ 368 |
Confidentiality and procedural practice on dissemination of drafts. |
Referenced to support directions regarding draft judgments. |
| Itkin v. Wood [2023] JRC 101 |
Practice considerations on draft judgments. |
Referenced for draft judgment confidentiality and practice. |
| Minister for Justice and Equality v. Andrzejczak (No. 2) [2018] IEHC 11 |
Question must actually arise on the facts; not be abstract. |
Applied to require that appellate questions arise concretely from the facts. |
| GOCE Limited v. The Commission [2025] IEHC 43 |
A would-be appellate question must have been actually argued and not be newly formulated for appeal. |
Applied to reject points formulated only for appeal. |
| S.A. v. The Minister (No. 2) [2016] IEHC 646 |
Point should make a difference to outcome; timeliness; public importance; application tests. |
Relied on for criteria that a point must be determinative and timely. |
| Morehart v. The Commission [2025] IEHC 701 |
Leave to appeal criteria — materiality to outcome. |
Applied as part of the leave assessment. |
| Rooney v. The Minister for Agriculture and Food [2016] IESC 1 |
Warning against focusing on isolated debatable rulings rather than overall case problems. |
Quoted to caution against appellate "perpetual motion" over minor points. |
| Monkstown Road Residents Association v. The Commission [2023] IEHC 9 |
Questions must accurately reflect the judgment and not exaggerate. |
Applied to criticise tendentious framing of proposed questions. |
| Stapleton v. The Commission [2025] IEHC 178 |
Form and specificity required in leave questions; public importance threshold. |
Relied on for restraint against discursive appellate invitations. |
| Cooper v. The Commission [2025] IESCDET 96 |
Misunderstanding of law does not amount to public importance. |
Applied to show mere disagreement with outcome is insufficient for appeal. |
| B.S. v. Director of Public Prosecutions [2017] IESCDET 134 |
Distinguishing pure questions of law from mixed questions of law and fact. |
Used to show many proposed points are mixed and unsuitable for appeal. |
| Halpin v. The Commission [2020] IEHC 218 |
Application of established principles to facts are often unsuitable for appeal. |
Applied to characterise the substantive question as fact-sensitive. |
| Rushe v. The Commission [2020] IEHC 429 |
Similar principle distinguishing law from application to facts. |
Referred to in assessing nature of proposed points. |
| Stanley v. The Commission [2022] IEHC 671 |
Mixed questions of law and fact are generally unsuitable for appeal. |
Applied in analysis of the substantive question's character. |
| Eco Advocacy CLG v. The Commission & Others [2024] IESCDET 62 |
Reference to public participation and limits on after‑the‑event complaints. |
Quoted to stress importance of raising points in consultation; in support of approach to pleadings. |
| Patrick McCaffrey & Sons Ltd v. The Commission [2024] IESCDET 145 |
Point must transcend facts to be of public importance. |
Applied to the public importance inquiry. |
| Nagle View Turbine Aware Group v. The Commission (No. 2) [2025] IEHC 3 |
Where law is not uncertain the public interest does not favour appeal. |
Used to support refusal where no demonstrated legal doubt existed. |
| Sherwin v. The Commission (No. 2) [2023] IEHC 232 |
Official capacity of applicant relevant but not determinative. |
Referred to caution against treating State involvement as converting merits into appealable points. |
| Callaghan v. The Commission [2015] IEHC 493 |
Novelty alone does not justify leave to appeal. |
Applied to reject novelty as sole basis for appeal. |
| Maguire T/A Frank Pratt & Sons (No. 2) [2023] IEHC 209 |
Disagreement with court's conclusion does not create uncertainty. |
Relied on to refuse elevating disagreement to public importance. |
| R.A. v. Tribunal A [2015] IEHC 830; R.A. v. Tribunal A (No.3) [2016] IEHC 671; B.W. v. Tribunal A [2015] IEHC 833; K.R.A. v. The Minister (No.2) [2016] IEHC 421; S.T.E. v. The Minister [2016] IEHC 544 |
Examples where solid cases for leave were granted; contextual guidance. |
Referred to show that meritorious leave applications will be granted, but superfluous certifications are discouraged. |
| B.S. (India) & Anor. v. The Minister & Ors. (No.3) [2020] IEHC 485 |
Example of leave practice. |
Referenced in the catalogue of leave decisions. |
| Dublin City Council v. The Commission (No.2) [2021] IEHC 34 |
Further example of leave practice. |
Referenced in the same context. |
| Waltham Abbey Residents Association v. The Commission [2021] IEHC 597 |
Leave practice; procedural illustration. |
Referenced among prior leave decisions. |
| Sweetman v. The Commission (Sweetman XVII) (No.2) [2021] IEHC 662 |
Leave practice and appellate criteria. |
Referenced as part of the authorities addressing leave. |
| Save Roscam Peninsula CLG v. The Commission (No.2) [2022] IEHC 328 |
Leave practice and finality considerations. |
Referenced on finality in planning law. |
| Joyce‑Kemper v. The Commission (No.5) [2022] IEHC 349 |
Leave practice examples. |
Catalogued among prior authorities on leave. |
| Kerins v. The Commission (No.5) [2023] IEHC 280 |
Leave practice. |
Referenced in the same catalogue. |
| Coolglass Wind Farm Ltd v. The Commission [2025] IEHC 1 |
Recent Supreme Court authority on assessing validity of decisions with regard to submissions before the decision‑maker and s.15 interaction. |
Applied as settled law; Court held substantive judgment was consistent with Coolglass and that s.15 does not create free‑standing obligations at development level beyond statutory functions. |
| Heavey v. The Commission (No.2) [2025] IEHC 311 |
Leave practice and public interest in finality. |
Referenced among leave decisions. |
| Raidió Teilifís Éireann v. Commissioner for Environmental Information [2025] IEHC 160 |
Demonstration of divergence in interpretation across states as method to show doubt on EU point. |
Quoted as textbook example; absence of comparable material here weighed against referral. |
| European Commission v Federal Republic of Germany, C‑137/14, ECLI:EU:C:2015:683 |
Limitations placed by the CJEU in that case about standing and scope being confined to objections raised during administrative procedure. |
Considered by the Court: the Court held it did not decide differently and that standing and scope remain available, but that assessment of validity is properly performed by reference to material before the decision‑maker. |
| Johnston v Chief Constable of the Royal Ulster Constabulary, C‑222/84, ECLI:EU:C:1986:206 |
Access to an effective remedy principles. |
Referenced to reiterate that right to an effective remedy does not guarantee success and must be assessed against procedural context. |
| Graham J. Wilson v Ordre des avocats du barreau de Luxembourg, C‑506/04, ECLI:EU:C:2006:587 |
Access to justice principles. |
Referenced in relation to standing and effective remedy propositions. |
| Centrum voor gelijkheid van kansen... v Feryn NV, C‑54/07, ECLI:EU:C:2008:397; Djurgården-Lilla Värtans Miljöskyddsförening v Stockholms kommun, C‑263/08, ECLI:EU:C:2009:631; Peter Puškár C‑73/16; Protect Natur... C‑664/15 |
Various EU authorities on standing, access and related EU procedural points. |
Collected authorities referenced to show general EU law context; none supplied support for Plaintiff's specific contention here. |
| Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA, C‑561/19, EU:C:2021:799 |
Acte clair/acte éclairé doctrine and when apex courts need not refer. |
Applied to conclude no duty to refer where no demonstrated doubt exists; Court concluded point was acte clair in present circumstances. |
| Jeroen van Schijndel and Johannes Nicolaas Cornelis van Veen v Stichting Pensioenfonds voor Fysiotherapeuten, C‑430/93 & C‑431/93, EU:C:1995:441 |
Referral admissibility principles and procedural specificities. |
Referenced regarding procedural rules affecting admissibility of CJEU referrals. |
| Lucio Cesare Aquino v Belgische Staat, C‑3/16, EU:C:2017:209 |
Referral admissibility and equivalence/effectiveness principles. |
Referenced on limits to referral obligations where domestic procedural rules apply. |
| An Taisce v. The Commission (No. 3) [2022] IESC 8 |
Reference does not arise where issue is application of established principles to facts. |
Applied to show the present proposed questions are largely applications rather than novel interpretative points. |
| Friends of the Irish Environment v. Legal Aid Board [2023] IECA 63 |
Admissibility of references under art. 267 where not necessary to affect outcome. |
Applied to show a reference is unnecessary where it would not affect outcome. |
| Toole v. Minister for Housing (No. 3) [2023] IEHC 378 |
Reference procedure reserved for real disputes; not for every imaginative question. |
Used to reject speculative referral propositions. |
| Hellfire Massy Residents Association v. The Commission [2022] IESC 38 |
Criticism of appeals that spread confusion; public interest considerations. |
Quoted to illustrate that tendentious misunderstandings harming public interest weigh against appeals. |