Ireland ranks fourth in the European Union for the number of actions taken by the Commission against member-states over failure to fulfil treaty obligations, according to the annual report of the European Court of Justice published yesterday.
A total of 13 actions were taken against Ireland last year compared to nine for Germany, six for Britain and just one for Denmark and the Netherlands.
France topped the list with 35 actions, followed by Italy (29) and Luxembourg (14). Sweden was the only member-state which had no actions taken against it.
Among those pending against Ireland are actions over the Government's failure to levy VAT on charges for the use of toll roads and bridges, and its policy of charging higher taxes on external flights compared to internal ones.
The Advocate General of the EU Court has already ruled against Ireland on the first issue, a significant fact as three out of every four such preliminary rulings on average are accepted by the court. The latter case is due to be heard next month.
On the issue of the Commission's action against the Government over its failure to ensure Irish drinking water meets EU standards, a spokeswoman for the court said yesterday it had yet to receive an official complaint. However, this is due to be forwarded shortly when a pre-litigation phase of the action is completed.
The report, which was published in Dublin, Paris and Luxembourg, shows a steady rise in the number of cases coming before the Court of Justice, including the Court of First Instance.
The former delivered 235 judgments and made 143 orders last year. It dealt with 543 new cases - up 12 per cent on 1998.
In addition, 356 new cases - an increase of 50 per cent on 1998 - came before the Court of First Instance, which has jurisdiction over cases involving private individuals and companies.
Among the cases pending is an action by Masterfoods Ltd against HB Ice Cream Ltd over alleged anti-competitive practices in Ireland. Masterfoods is claiming an "exclusivity clause", under which HB allows only its products to be displayed in the freezer cabinets which it supplies to retailers, is contrary to European competition law.
The Advocate General has delivered an opinion in Master foods' favour and a full plenary hearing of the court, involving representatives from all 15 member-states, will take place later this year. The case is being closely monitored in Europe, with many other companies in different sectors expected to take similar actions if Masterfoods proves successful.
Details of cases before the court can be found at its website: www.curia.eu.int
