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Claim for damages pursuant to EU law was statute barred
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Court of Appeal dismisses appeal of High Court ruling that claim for damages for breach of EU law was statute barred, on the grounds that: a) the plenary proceedings amounted to a collateral challenge to the validity of a decision concerning alterations made to a bus route; and b) the plenary proceedings were subject to the time limits of judicial review, and as they were brought outside of those time limits, they cannot be maintained.
European law – whether a plaintiff can maintain a claim for damages for breach of statutory duty and a claim for Francovich damages in respect of an alleged breach of EU law in plenary proceedings without having first challenged the validity of the administrative decision – Ord. 84 of the Rules of the Superior Courts – Dublin Transport Authority Act 2008 – Council Regulation (EC) No. 1370/2007 – judicial review time limits – whether the application for judicial review was made within the prescribed time limit – whether the present proceedings amount to a collateral challenge to the validity of the Authority’s decision – s. 11 of the Statute of Limitations 1957 – plaintiff’s claim amounts in substance to a collateral challenge to the validity of the Authority’s decision – proceedings are plainly time-barred – proceedings struck out in limine on the ground that they are destined to fail – appeal dismissed.
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