Clouds hang over Irish nuclear challenge

By Emily Smith

Date: 24/05/06

Ireland is braced to be told by the European Court of Justice on Tuesday (30 May) that it will have to begin a legal challenge against the UK all over again in the EU courts.

In 2001, the Irish government appealed to a UN tribunal over British plans to extend its Sellafield nuclear plant on the Cumbrian coast opposite Ireland. But the European Commission said Ireland was breaking the law by not first referring the case to the European Court of Justice (ECJ).

The final verdict is expected to side with the Commission. Ireland then has to decide whether to drop the case or start from scratch at the EU level.

An opinion from the ECJ advocate-general - in the majority of cases a sign of which way the final ruling will go - came out in favour of the Commission.

Ireland has for a long time resented waste from the controversial nuclear plant contaminating its eastern coast. Irish green groups have blamed outbreaks of cancer on activities at Sellafield.

The Irish government refused to say whether it was likely to reopen the case if the court ruling barred UN action.

Article anticipates a judgement of the European Court of Justice, on 30 May 2006, in a case involving the European Commission and Ireland. The country had lodged a complaint with a UN court over the British Sellafield nuclear plant in 2001. The European Commission challenged this saying Ireland should have referred to the European Court of Justice.

• Primary Source

European Court of Justice: Case-Law: Search form: Case C-459/03 http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&alldocs=alldocs&docj=docj&docop=docop&docor=docor&docjo=docjo&numaff=C-459%2F03&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100

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