Tagged: EU law
The finding by the Food Safety Authority of Ireland of horse meat in frozen beef burgers invokes the following legal provisions: A) Articles 14 (1) and 16 of Regulation (EC) N° 178/2002 on General Food Law; B) Regulations 5 (1) and 6 of the European Communities (General Food Law) Regulations 2007. Under Article 14 (1) of Regulation No. 178/2002, “Food shall not be placed on the market if it is unsafe”. “Unsafe” includes food unfit for human consumption. The Regulation […]
When the Food Safety Authority of Ireland tested a range of Irish frozen beef burgers, purchased from Irish and British supermarkets, it found evidence that they contained horse meat and/or pig meat. It found that the source of the offending meat was the respective manufacturer of the beef burger. In the case of Silvercrest Foods Ltd. almost 30% of one burger constituted horse meat. These facts were sufficient evidence to prosecute the various manufacturers (and the retailers). Prosecutions are necessary […]
That means that injuries from food poisoning, or road accidents caused by the negligence of drivers or mechanics are all suitable to be litigated under the 1995 Act, conditional on those services causing the injury being part of the “obligations under the contract”.
Maybe there’s a necessary correlation between shocking bumbling incompetence (as in the case of sometime EU Commissioner Charlie McCreevy) and a prediliction to patronise. Whatever the case, we see it in the EU Commission plan to “give” a class-action procedural right to EU citizens. Mr. Almunia is in charge of this. He says, confusingly, that; “…only state bodies and certified non-profit organisations would be allowed to bring actions, and that any damages awarded would go entirely to victims and not […]
The High Court is seeking submissions from the parties to the Digital Rights Ireland case. See the Pleadings HERE. See the most recent post on the issue HERE The Court is seeking suggestions as to the form of questions to be submitted to the European Court of Justice. DRI has, in its Statement of Claim, suggested a form of question or questions to be submitted. Currently, DRI has furnished its expanded draft of the terms of the Reference to be […]
DRI’s case is brought in its own name, but it is an action with implications for every citizen of Ireland, whether they know it or not.
On 5th May 2010 the High Court delivered its (unapproved) judgment. The Court confirmed its agreement to refer the EU law issue in the case to the European Court of Justice. The Court refused the State’s applications seeking denial of locus standi to the Plaintiff and/or seeking security for costs.
By this means they would off-set the advantage of size that Ryanair has over any single consumer, a circumstance perpetuated in Ireland by the sullen laziness of successive Irish Governments.
Now the plan is under consideration by the EU Commission. Specifically it is being considered by Joaquin Almunia the new Commissioner for Competition. He is in fact not all that new; he used to be Commissioner for Economics and Monetary policy.