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The Court of Appeal, having previously rejected the claim of the applicant that notwithstanding that it is a body corporate, it was a 'person for the purposes of those provisions of civil legal aid legislation, further refuses an application to refer questions to the Court of Justice of the European Union. The applicant, a body corporate, argued that EU law necessitates the possibility of legal aid for legal persons in cases involving EU law, specifically under Article 47 of the EU Charter on Fundamental Rights and Freedoms. However, the court found that such an interpretation would be contrary to the Act. The applicant's further request to refer questions to the Court of Justice of the European Union (CJEU) was denied, as the court determined that the proposed questions would not affect the outcome of the case at hand, and that the proceedings could not be reoriented to address new issues not previously argued.
Civil Legal Aid Act 1995, corporate entities, legal aid, Article 47 EU Charter on Fundamental Rights and Freedoms, Court of Appeal, judicial review, Aarhus Convention, CJEU reference, interpretation of legislation, legal persons, environmental law proceedings, statutory body, emanation of the State, EU law, Order 84 Rules of the Superior Courts (RSC).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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