Ireland's referral of dispute with UK over nuclear fuel recycling at Sellafield to arbitral tribunal under UN Convention on the Law of the Sea should be treated as breach of duty to cooperate under ar

Luxembourg, 19 January 2006

C-459/03, Commission of the European Communities v Ireland

Opinion of Advocate General Poiares Pessoa Maduro on 19 January 2006 (link to English version when available).
Full text of this Opinion

Dispute between Ireland and the United Kingdom - Arbitral tribunal established under Annex VII of the 1982 United Nations Convention on the Law of the Sea - Jurisdiction of the Court of Justice - Article 292 EC - Article 193 EA - Duty of cooperation - Article 10 EC - Article 192 EA

Advocate General Poiares Pessoa Maduro concluded:

I propose that the Court:

- declare that, by instituting dispute settlement proceedings against the United Kingdom concerning the MOX Plant located at Sellafield, Ireland has failed to fulfil its obligations under Articles 292 EC and 193 EA;

- declare that, by instituting said proceedings without previously consulting the Commission, Ireland has failed to fulfil its obligations under Articles 10 EC and 192 EA;

- order Ireland to pay the costs.