Ireland / High Court / O'Connor v Environmental Protection Agency

Key facts of the case:

The applicant sought, ex parte, an order limiting his exposure to costs in an intended judicial review application in which he would seek to challenge a decision of the Environmental Protection Agency to allow a trial of genetically modified crops in Ireland.

Results (sanctions) and key consequences of the case:

The High Court held that the making of such an order without notice to other parties actually or potentially affected by such order would infringe fundamental principle of fair procedures as understood by the Constitution, the European Convention of Human Rights and the EU Charter of the Fundamental Rights. Accordingly, the High Court held that it had no jurisdiction to make such an order and refused the application.

EU Charter of Fundamental Rights - Article: 41(2)