The European Commission is taking Ireland back to the Court of Justice of the EU for its failure to comply with part of the Court judgment: Environmental Law Assignment, UCD, Ireland
| University | University College Dublin (UCD) |
| Subject | Environmental Law |
The European Commission is taking Ireland back to the Court of Justice of the EU for its failure to comply with part of the Court judgment of 3 July 2008 (C-215/06, Commission v Ireland), by not properly carrying out an environmental impact assessment for the Derrybrien wind farm in County Galway in Ireland.
Although the Derrybrien wind farm was constructed already more than 13 years ago, no sufficient impact assessment has been carried out. Such impact assessment of certain public and private projects on the environment is required under the EU rules before construction is allowed to commence.
The scale of the development and its sensitive moorland hilltop location means that its operation continues to have an impact locally. The site could still benefit from mitigation and remediation measures, but these can only be identified after an environmental impact assessment has been done. Ireland must, therefore, ensure that this happens.
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The Court of Justice of the EU ruled on 3 July 2008, amongst others, that Ireland had failed to carry out an environmental impact assessment for the 70-turbine wind farm – the largest in Ireland, and, at the time of judgment, one of the largest in the EU. Its construction required the removal of large areas of forest and extraction of peat up to 5.5 meters deep on the top of the Cashlaundrumlahan Mountain, causing a 2km environmentally devastating landslide in October 2003.
The Commission is requesting the Court of Justice of the EU to impose a minimum lump sum payment of €1 685 000.00 (€1 343.20 per day). The Commission is also proposing a daily penalty payment of €12 264.00 if full compliance is not achieved by the date when the Court issues its ruling. The final decision on the penalties rests with the Court of Justice of the EU.
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