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Supreme Court: (a) allows appeal from Court of Appeal, and sets aside determination that a wind farm operator was not a 'public authority' for the purposes of EU law on access to information on the environment; and (b) remits the matter to the Commissioner for Environmental Information for further determination, where the Commissioner had erred in his initial analysis on the topic, in failing adequately to consider the company's special powers, public responsibilities, services, functions, and the extent of control by a public authority.
Raheenleagh Power DAC, wind farm operator, public authority, European Communities (Access to Information on the Environment) Regulations 2007-2008, Commissioner for Environmental Information, Supreme Court, remand, environmental information, public responsibilities, public services, control by public authority, special powers, High Court, Court of Appeal, reassessment.
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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