Dispute over provision of cages for old electrical appliances is settled, High Court hears

Injunction had been granted restraining a third party contractor from withdrawing collection

The Four Courts.  A dispute over the provision of cage containers for the return of old electrical appliances at certain retail stores has been settled, the High Court heard.  Photograph: Bryan O'Brien/The Irish Times
The Four Courts. A dispute over the provision of cage containers for the return of old electrical appliances at certain retail stores has been settled, the High Court heard. Photograph: Bryan O'Brien/The Irish Times

A dispute over the provision of cage containers for the return of old electrical appliances at certain retail stores has been settled, the High Court heard.

The cages are provided at electrical stores and local authority facilities to allow members of the public to safely dispose of old electrical items, including waste batteries.

Two months ago, the High Court granted recycling permit holder, European Recycling Platform (ERP) Ireland DAC, an interim injunction restraining a third party contractor, Electrical Waste Management Ltd (EWM), from withdrawing its collection and recycling service in the Fingal, Meath, Monaghan, Cavan and Louth areas before May 2nd.

The injunction was granted with only the ERP side represented (ex parte) and it came back before the court a number of times before it was settled.

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On Tuesday, Gemma Hayes BL and Harry Buggy BL, for each of the parties, told Mr Justice Brian Cregan the matter had been compromised and could be struck out with the March interim order vacated.

ERP is one of two companies in the State operating with a permit from the Department of the Environment, Climate and Communications under EU regulations governing the disposal of waste electrical items.

It is responsible for around 33 per cent of the market and says it is a non-for-profit organisation which is precluded from paying out any dividends.

From 2012, ERP had engaged the defendant under contract to provide the collection and recycling service and it says the two companies enjoyed a good working professional relationship.

However, it claimed the dispute arose after EWM was informed earlier this year that it had been unsuccessful in a tender competition held by ERP for the continuation of the service.