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Commission v. Ireland

E.C.J. Case 494/01, 2005 E.C.R. I-3331 (2005)

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Commission v. Ireland

European Union Court of Justice
E.C.J. Case 494/01, 2005 E.C.R. I-3331 (2005)

Facts

The European Commission (the commission) received numerous complaints accusing governmental bodies in Ireland (defendant) of failing to meet their obligations regarding waste disposal under European Union (EU) law. The commission sent Ireland formal letters of notice regarding the alleged violation and issued a reasoned opinion accusing Ireland of repeated violations of EU law. The reasoned opinion cited a number of instances involving Ireland’s failure to dispose of waste properly and expressed the commission’s view that the cited violations were illustrations of the systemic and consistent tolerance of such violations by Irish authorities. Ireland failed to comply with the reasoned opinion, and the commission brought an enforcement action against Ireland in the European Union Court of Justice (ECJ). In the application for an enforcement action in the ECJ, the commission cited an additional instance of improper waste disposal that was not mentioned in the reasoned opinion. The commission did not know of that instance of improper waste disposal until after the reasoned opinion was issued.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

European Union Law

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