Back To The Future - CJEU Confirm Mitigation Measures Can Be Taken Into Account In AA Screening

The CJEU delivered a significant judgment today in Eco Advocacy. Six questions were referred by the Irish High Court. The CJEU held as follows:

1. The High Court asked whether the Court was required by EU law to hear and / or determine a case where an EU law point was raised, but not properly pleaded as required under Irish law. The CJEU held that EU law does not preclude national rules which may prevent applicants in judicial review relying on grounds or reliefs that were not pleaded. This therefore places the onus on Applicants for judicial review to properly plead their case from an EU law perspective.
2. The High Court asked whether a decision maker had to give detailed and explicit reasons in order to dispel all reasonable scientific doubt from an AA screening perspective. The CJEU held that a decision maker, in carrying out and recording its decision on AA screening, does not have to respond to all points of fact and law raised during their decision making