CHASE - PRESS RELEASE - Wed 12 November, 2007
SHOCKWAVES AS STATE AND INDAVER PURSUE RESIDENTS FOR COSTS

News this morning that the Supreme Court has awarded costs to the State and Indaver against Residents of the Cork Harbour Community has sent shockwaves around Cork Harbour. The award relates to its decision last July not to adjourn incinerator cases pending an EU case against Ireland.

The EPA and An Bord Pleanala, who were also involved in the case, told the Court that they were not looking for any costs.
A Spokesperson for CHASE said, "This is a devastating decision, but it remains primarily within the power of the State and Indaver not to pursue the costs if they so choose. Pursuing costs exposes Indavers claims to be a good neighbour as complete farce, but we expected better from the State.

Because we took this case to clarify Law and ensure proper planning, we hope that the Attorney General and the Department of the Environment can (as the EPA and An Bord Pleanala appear to have) see the merit in taking the case and announce that they will not enforce the Payment Order.

John Gormley, for the sake of his green credibility, needs to remember that as a Ringsend TD, he was part of the original delegation that lodged the complaint in Brussels in Spring 2004 which led to the subsequent EU case against Ireland."

The Court held that as the Appeal had not succeeded, there was no reason for it to depart from the normal practice, which was that it would require the unsuccessful party to be responsible for costs where they were looked for.

However the European Union takes the view that it is an obligation of member states to provide a system of Judicial Review which is "not prohibitively expensive". The award of costs at this time in a case of this nature, maybe regarded as a possible breach of that obligation.

The amount of the costs will be decided under a separate process.

ENDS

For further information contact:
Linda FitzPatrick, 087 7410849, 021 4374506
Mary O'Leary, 086 8177737, 021 4811952
Mary Hurley, 086 8162448, 021 4803070

See Also: Irish Examiner - Incinerator group in legal costs plea