EU Court of Justice to rule on development consent time limit in absence of environmental assessment

The High Court of Ireland has referred questions to the Court of Justice of the European Union (CJEU) regarding the interpretation of EU law in a case challenging a development consent. The case centers on whether the time limit for judicial review should begin from the date of the decision or its notification to the parties, especially when environmental assessments are deemed unnecessary at the preliminary stage. The applicants, two scientists, contested the decision to grant development consent for a project, arguing that the notification of the decision was delayed, thereby shortening their window to seek judicial review. The High Court's referral questions the compatibility of Irish law with EU principles of legal certainty and effective remedy, given that domestic law dictates the time for challenge runs from the date of the decision, potentially without regard for notification delays.