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Dáil Éireann debate -
Thursday, 1 Jul 1999

Vol. 507 No. 4

Written Answers. - European Court of Justice.

Jim Higgins

Question:

75 Mr. Higgins (Mayo) asked the Minister for Foreign Affairs the number of cases before the European Court of Justice where the State is listed as the defendant; and if he will make a statement on the matter. [14602/99]

Ireland is currently defending 16 cases before the Court of Justice of the European Communities. However, the number fluctuates as cases before the court are either settled or proceed to judgment, and also as new proceedings issue.

Of the 16 cases, six relate to non-implementation of directives within the time-limits set out in those directives. In two cases, implementing regulations have been made by the relevant Minister and the proceedings will be withdrawn shortly by the European Commission. In several cases, the relevant implementing measures are either in the process of being completed or have just been completed and it is expected that the proceedings against Ireland in those cases will also be withdrawn. In respect of two other cases implementation of the necessary measures will be by primary legislation, the final draft of which has just been transmitted to the Department concerned.

Six cases relate to differences of opinion between Ireland and the European Commission as to the correct interpretation to be given to the provisions of particular directives. One case involves a technical defence in relation to procedural matters. The Chief State Solicitor and the Attorney General, with appropriate assistance from the Department and other relevant Departments, are working together to ensure that Ireland's interests are fully defended in all of these proceedings.

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