Referral to CJEU refused in challenge to inclusion of proposed liquified natural gas terminal in a list of projects of common interest by European Commission

The Court of Appeal has upheld the High Court's decision denying an environmental non-governmental organisation's (ENGO) application for a preliminary reference to the Court of Justice of the European Union (CJEU) regarding the inclusion of a proposed liquified natural gas terminal in a list of projects of common interest (PCI) by the European Commission. The ENGO contended that the delegated legislation was unlawful as it failed to meet the necessary sustainability criteria. The Court found no genuine dispute at the national level that would necessitate a CJEU referral, as the inclusion of the project in the PCI list was a preparatory step leading to a decision by the European Commission, over which the Irish courts have no jurisdiction. The Court also noted that the mootness issue arose, as the project no longer appears on the current Union List, rendering the question hypothetical and outside the CJEU's purview.