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European Court of Justice Rulings

Dáil Éireann Debate, Tuesday - 6 November 2012

Tuesday, 6 November 2012

Questions (659)

Catherine Murphy

Question:

659. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government with respect to Hearing C-279/11 (Case No. C-66/06) and C-374/11 (Case No C-188/08) of the European Court of Justice held on the 4 of October 2012, is it now the case that Ireland will in fact be required to pay multi-million euro fines in respect of our failure to comply with these two judgements. [47243/12]

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Written answers

The Court of Justice of the European Union (CJEU) held oral hearings on 4 October in respect of two cases, C-279/11 (original case reference C-66/06) and C-374/11 (original case reference C-188/08), to consider whether fines should be imposed on Ireland for delays in implementing the Court rulings in these cases. However, no decision has yet been made by the Court as to whether fines will be imposed or if so, what level such fines should be set at. A decision is expected from the Court in the coming months.

In respect of these cases and notwithstanding the Commission’s seeking of fines, it should be noted that the Commission considers Ireland to be now fully compliant in respect of the issues raised in Case C-66/06, which involved EIA of on-farm development and activities, and is no longer seeking the imposition of daily fines in this case. Similarly, the Commission has acknowledged the significant progress in recent times to enact legislation to introduce a robust system of registration and inspection of septic tanks and is satisfied that the measures being introduced will fully address the Court findings and will be compliant with Articles 4 and 8 of Council Directive 75/442/EEC.

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