| Case C-427/85, Commission v Germany, ECLI: EU:C:1988:98 |
Principle on restrictions to freedom to provide services and need for justification. |
Cited to explain that restrictions must be justified by public interest and proportionate; court held it did not assist Defendant's position materially but supported general approach to justified restrictions. |
| C-739/19, V.K. v An Bord Pleanála, ECLI: EU:C:2021:185 |
Interpretation of Article 5 of the Lawyers' Services Directive and permissible restrictions. |
Adopted as supporting that consumer protection/administration of justice can justify certain requirements; court found it reinforced Company A's fall-back position. |
| Case C-294/89, Commission v France [1991] ECR I-3591 |
Limits on national rules that hinder freedom to provide services; example of problematic national requirements. |
Distinguished on facts; court held it did not assist Defendant because France's measures differed materially from the present regulatory requirement. |
| Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125 |
Principles of EU law supremacy referenced in argument for disapplication. |
Not applied to alter outcome; cited but court rejected Defendant's submission to disapply domestic regulations on that basis. |
| Case 106-77 Simmenthal [1978] ECR 629 |
Principle on immediate effect of EU law and national courts' duties. |
Cited in context of Defendant's disapplication arguments; court found no basis for disapplication of the 2024 Regulations on Defendant's facts. |
| Case C-213/89 R v Secretary of State for Transport, ex parte Factortame Limited [1990] ECR 1-2433 |
EU supremacy principles. |
Cited but not outcome-determinative; court concluded EU law did not oblige disapplication of domestic regulations here. |
| Danqua v Minister for Justice and Equality (No. 2) [2017] IECA 20 |
Domestic authority referenced in EU law context. |
Cited by Defendant but court held it did not support disapplication of domestic rules in these circumstances. |
| Case C-55/94 Gebhard [1995] ECR I-4165 |
Test for restrictions on freedom of establishment: non-discrimination, general interest, suitability and proportionality. |
Applied as authoritative statement of the proportionality framework; court used it to analyse justifiability of insurance requirements. |
| Case C-168/98 Luxembourg v European Parliament and Council [2000] ECR I-9131 |
Legislative discretion in consumer protection and compulsory insurance under Lawyers' Establishment Directive. |
Used to support that compulsory insurance and consumer protection are legitimate objectives and within legislative discretion. |
| Case C-540/22 SN & Others ECLI:EU:C:2024:530 |
Principle that a national measure restricting free movement may be justified if objective is not already safeguarded by home-state rules. |
Cited by Defendant; court found it did not assist because Authority reasonably doubted foreign cover sufficed for services in The State. |
| Case C-341/05 Laval |
Principle on discrimination and comparable situations. |
Quoted for general principle; court held no discriminatory application of the 2024 Regulations to Defendant. |
| Joined cases C-53/13 and C-80/13 AC Industries EU:C:2014:2011 |
Freedom to provide services jurisprudence referenced by Defendant. |
Cited but court rejected Defendant's reliance as not applicable to facts. |
| Case C-99/16 Lahorgue |
Consumer protection as overriding public interest in legal services context. |
Referenced (via CJEU jurisprudence) to support that consumer protection can justify restrictions; court accepted relevance. |
| 286/82 and 26/83 Luisi and Carbone [1984] ECR 377 |
Freedom to receive services authority cited by Defendant. |
Cited but court found the principles did not assist Defendant's specific claims of discrimination or impossibility. |
| Case C-739/19 VK (reference in text) |
Interpretation of Article 5 of the Lawyers' Services Directive and permissible restrictions. |
Used to show national requirements to work with local lawyers may be subject to justification; court found VK supported Authority's position on permissible restrictions for consumer protection. |
| Brushfield Limited T/A the Clarence Hotel v Arachas Corporate Brokers Limited and AXA Insurance DAC [2021] IEHC 263 |
Domestic principles on interpretation of insurance contracts (text-in-context approach). |
Cited as guiding principles for interpreting the Brussels Bar policy in absence of Belgian expert evidence. |
| Law Society of Ireland v Motor Insurers Bureau of Ireland [2023] 1 IR 479 |
Supreme Court authorities on contract interpretation cited. |
Used to support interpretation approach adopted for insurance clauses. |
| Charwin Limited T/A Charlie's Bar v Zavarovalnica Sava Insurance Company DD [2021] IEHC 489 |
Interpretation of insurance policy authorities. |
Applied by analogy for Irish interpretation principles where Belgian law evidence was absent. |
| Protect East Meath Limited v Meath County Council [2026] IESC 1 |
Authority on impossibility principle relied on by Defendant. |
Cited by Defendant; court held the impossibility principle did not apply because compliant cover was available. |
| Aranbel Limited v Darcy and Others [2010] IEHC 272 |
Procedure and impossibility principle references. |
Cited by Defendant for lex non cogit ad impossibilia; court found it inapplicable here. |
| Adoption Authority of Ireland v AB [2021] IEHC 829 |
Procedure and related principles cited by Defendant. |
Cited but court did not find it determinative of the impossibility argument. |