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Thread: European Court Of Justice Ruling

  1. #1
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    European Court Of Justice Ruling

    This may seem like a simple questions but...

    Can anyone advise how an Irish citizen can seek protection against the Irish state under a European Court of Justic ruling? The ruling relates to the free movement of services within the EU.

    Anyone have any advice or experience of a similar situation?

  2. #2
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    Re: European Court Of Justice Ruling

    Quote Originally Posted by retailx
    This may seem like a simple questions but...

    Can anyone advise how an Irish citizen can seek protection against the Irish state under a European Court of Justic ruling? The ruling relates to the free movement of services within the EU.

    Anyone have any advice or experience of a similar situation?
    You have three options.

    The quickest is to use a SOLVIT centre: http://ec.europa.eu/solvit/site/docs/co ... orm_en.pdf

    Second, if the Irish state refuses to recognise your right, you can make an application to an Irish court, which will apply the applicable rules. If the ECJ has made a relevant ruling, the Irish court will take that into account when interpreting the law.

    Third, if the Irish state refuses to recognise your rights, you can make a complaint to the European Commission, which is entitled to open infringement proceedings against Ireland pursuant to Article 226 EC and eventually bring them to the ECJ. This takes a long time (years).

  3. #3
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    Re: European Court Of Justice Ruling

    Many thanks for that. I have submitted an online complaint with the SOLVIT centre.

  4. #4
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    Re: European Court Of Justice Ruling

    My pleasure. I hope your problem gets sorted out.

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