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High Court rejects constitutional challenge to treaty between EU member states, but refers to the Court of Justice the issue of the effect of the failure of one member state to ratify the treaty.
Claim that European Stability Mechanism Treaty of 2 February 2012 was incompatible with EU law - international treaty between contracting parties - whether incompatible with constitution - whether referendum required - whether any transfer or diminution of Irish sovereignty - European Stability Mechanism Act 2012 - authorisation of Minister for Finance to apply to ESM for up to €11 billion - Decision 2012/199/EU - amendment of Article 136, TFEU - application for permanent injunction restraining amendment of Article 136 pending a referendum - European Communities (Amendment) Act 2012 - whether constitutional - application for reference to the Court of Justice of the European Union - ratification of ESM treaty prior to decision coming into force - question of the effect of the failure of one member state to ratify the treaty.
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