Reference to European court refused where there would be no residual dispute remaining to be determined by the national court

Planning and Development – Court of Appeal – Judicial Review – European law - circumstances in which the court may refer a question of European law for determination by the Court of Justice of the European Union - opposed on environmental grounds to a development by the notice party of a proposed liquified natural gas terminal in Shannon - Trans-European Energy Infrastructure – seeking a reference to CJEU to determine the validity of the delegated regulation insofar as the Union List includes the Shannon LNG Terminal - first judgment of the High Court – second judgment – appeal - whether there is in truth any real dispute between the parties at national level, because if not, then it cannot be said that a reference is necessary to enable the court to determine that dispute - effect of the State not exercising its veto - the decision of the EU institution under challenge must be one capable of producing binding legal effects so as to affect the applicant’s interest by bringing about a distinct change in his legal position - no evidence that this has occurred - if the Irish court were to refer the matter to the CJEU for a ruling on validity and the Court of Justice decided that it was invalid, there would be no residual dispute remaining to be determined by the national court - there is no genuine dispute here in which the validity of the delegated regulation is raised indirectly - no genuine dispute here with a national authority or anyone else which requires to be ventilated in order to vindicate the rule of law – mootness – appeal dismissed.