Awaiting Decision on Moville/Greencastle WWTP and ECJ Ruling c50 – 09

From: endacraig
To: cian.olionain
Subject: RE: Moville/Greencastle WWTP and ECJ Ruling c50 – 09
Date: Wed, 9 Dec 2015 09:34:05 +0000

Dear Mr O’Lionain


Thank you for your update re the status of your discussions with the commission and independent legal advice being sought at this time regarding C-50 judgement.


As differing legal opinions have already been expressed, our group the CFCE feel it should be incumbent on the DOE to take advice from a legal expert not previously associated with this case (Craig v An Bord Pleanala). We direct your attention to 76 Article 2 (1) of directive 85/337 which states that the environmental impact assessment must take place before the giving of consent. That entails that the examination of projects direct and indirect effects on the factors referred to in article 3 of that directive and on the interaction between those factors be fully carried out before consent is given. This clearly did not take place in the case of the Moville WWTP decision.


Yours sincerely,


Enda Craig

Spokesperson CFCE


From: Cian.OLionain
To: endacraig
Subject: RE: Moville/Greencastle WWTP and ECJ Ruling c50 – 09
Date: Fri, 4 Dec 2015 19:10:20 +0000

Dear Mr. Craig,


Further to your recent emails, I can confirm that the implications of the C-50 judgement in the context of the 2007 Waste Water Discharge Regulations were discussed with the EU Commission in Dublin on 17 November. The Department explained to the Commission that it had sought independent expert opinion on this matter and that it should be in a position to write to the Commission before the end of the year on foot of that report.


We expect to be able to deliver on that commitment and to outline to the Commission how we propose to respond to the issues raised.

Yours sincerely,




Cian Ó Lionáin


Water Quality Section,

Department of the Environment, Community & Local Government



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