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Court of Appeal dismisses appeal against the decision refusing leave to seek judicial review of decision of the Central Bank to withhold or to refuse to exchange banknotes, on the grounds that the appellant failed to establish any arguable ground that he has locus standi to challenge the decision, and the application by his solicitors was clearly out of time.
Judicial review - appeal against a refusal to grant leave to apply for judicial review – High Court found that the applicants lacked locus standi - application was premature – costs awarded against applicants – raised fresh issue on appeal - claimed that the High Court had no jurisdiction to make any determination in respect of a matter of European Union law concerning a decision of the Central Bank under the Decision of the European Central Bank on the denominations, specifications, reproduction, exchange and withdrawal of Euro bank notes - Central Bank ought to have told him that the High Court had no jurisdiction to hear the matter and that the correct order for this Court on appeal is to vacate the Order of the High Court and to award costs to the appellant – decision of Central Bank – damaged bank notes - reliefs sought in the High Court - ECB Decision – locus standi - satisfied therefore that the mere fact that the grounds referred to the certain allegations of illegality arising out of the alleged referral to the Gardaí does not give the appellant any standing to challenge the decision not to exchange the banknotes and to withhold them - fact that he may or may not be the target of the criminal investigation does not give him an entitlement to challenge a decision which relates to the withholding or refusal to exchange the notes in circumstances where it is abundantly clear that he has no legal title to, or beneficial interest in, those banknotes - no locus standi to challenge the decision of the Central Bank to withhold the banknotes or refuse to exchange them - in so far as the decision to withhold or not to exchange the banknotes was made, the appellant has failed to demonstrate arguable grounds that he has locus standi in the matter – nothing to gain from the application he seeks to make - no arguable grounds upon which leave to apply for the orders of judicial review sought in his statement of grounds ought to be granted - application to join solicitors as an applicant – time limits - rules relating to judicial review, including the rules on time limits, apply to all actions in which the reliefs claimed amount substantively to claims by way of judicial review – failed to comply with the rules - new claim that the High Court had no jurisdiction – appeal dismissed –
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