Time limits for judicial review also applied to EU proceedings

Practice and procedure - cross applications - defendant's motion to dismiss due to delay - plaintiff's motion seeking protective costs order - substantive declaratory reliefs sought against State by plaintiff chemical engineer to the effect that Ireland has breached EU law in it's development of a national renewable energy action plan - aarhus convention - whether a failure to carry out a strategic environmental assessment - applicable convention and EU directive law - prior judicial review proceedings struck out by order of High Court (Kearns P.) on statute of limitations grounds and further order that proceedings should instead proceed by way of plenary summons - delay issue - whether plaintiff's proceedings are prohibited by operation of time limits regarding judicial review - Order 84 rule 21 RSC - 25 months from date grounds first arose - State's ratification of convention could not have had effect, in and of itself, of incorporating the convention into domestic law - plaintiff outside time limit due to knowledge of adoption of plan - whether application of time limit is contrary to EU law - imposition of time limits to EU proceedings permissible as a matter of principle - case law to be considered - berne convention - right to an effective remedy - order 84 exists to secure such entitlement - no abuse of process in the transfer of proceedings by way of plenary summons - prejudice to defendants if extension of time granted - no good and sufficient reason argued - order granted striking out claim on grounds of delay - agreement between parties that applicable planning and development legislative cost provisions would apply - State agreed that s50B & ss3 & 7 would apply - superfluous to make protective costs order in the circumstances.