Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 MAY 2026

AG Opinion: Key Clarification On AA And AA Screening

William Fry LLP
William Fry LLP
Contributor
William Fry LLP

William Fry LLP

William Fry advises leading Irish and international companies, covering both the public and private...

View firm profile
Explore more from William Fry LLP

The European Court of Justice's Advocate General has issued an opinion addressing whether valid conservation objectives for special protection areas are required before conducting appropriate assessments under the Habitats Directive. This interpretation could significantly impact development consent procedures across the EU, particularly for large-scale projects where site-specific conservation objectives have not yet been formally established.

IrelandLitigation, Mediation & Arbitration
Jason Milne
Jason Milne
Michelle Martin
Michelle Martin
Author LinkedIn connections

On 16 April 2026, Advocate General Kokott delivered her Opinion (Opinion) in joined cases C-27/25 – Knocknamona and C-356/25 – Massey, concluding that the setting of site-specific conservation objectives (SSCOs) is not a prerequisite for Appropriate Assessment (AA) and AA screening.

The Opinion is a welcome response to a net, but fundamental, point of interpretation of the Habitats Directive.

The Opinion arises from a preliminary ruling request by the Irish Court of Appeal in Knocknamona, asking, in essence, whether valid conservation objectives for a special protection area (SPA) are a prerequisite to the competent authority’s jurisdiction to carry out a valid appropriate assessment under the Habitats Directive when considering an application for a grant of development consent.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New High Court Practice Direction On The Responsible Use Of GenAI In Court Documents

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.
IrelandLitigation, Mediation & Arbitration
Matheson
Matheson
Article

Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026

This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
IrelandLitigation, Mediation & Arbitration
McCann FitzGerald LLP
McCann FitzGerald LLP
Article

High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.
GlobalLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Ireland’s Data Centre Connections: Back Online

Ireland has lifted its data centre connection moratorium and introduced a demanding new framework requiring developers to provide their own generation capacity, source 80% of electricity from new Irish renewables within six years, and meet strict grid stability requirements. The policy creates significant opportunities for developers who can navigate the complex intersection of grid connection, planning permission, and renewable energy procurement, though a pending legal challenge adds uncertainty to the la
IrelandEnergy and Natural Resources
William Fry LLP
William Fry LLP
Article

Government Legislative Priorities For Autumn 2026

The Government has published its Autumn 2026 Legislation Programme, identifying 32 bills for priority publication and 32 bills for priority drafting. This article explores a selection of measures likely to be of interest to businesses, spanning digital economy, strategic infrastructure, litigation reform, financial regulation, competition law, corporate structures, employment, pensions, and healthcare sectors.
IrelandGovernment, Public Sector
William Fry LLP
William Fry LLP
Article

Data For Sale: Can Insolvent Companies Realise The Value Of Corporate Data?

Spirit Airlines' proposed $10 million sale of a massive de-identified corporate dataset to Google in its Chapter 11 bankruptcy proceedings raises fundamental questions about whether operational business data can be treated as a realisable asset in insolvency. The transaction highlights the legal tension between preserving a dataset's commercial utility and ensuring individuals cannot be identified, particularly when the data maintains referential integrity across multiple systems.
IrelandInsolvency/Bankruptcy/Re-Structuring
William Fry LLP
William Fry LLP
Article

CBI Consults On Third-Party Risk

The Central Bank of Ireland has published a consultation paper proposing new guidance on managing third-party risks that extends beyond traditional outsourcing to encompass partnerships, joint ventures, and fintech collaborations. The proposed framework aligns with recent European Banking Authority guidelines and DORA, introducing a lifecycle-based approach with enhanced contractual provisions and broader scope than the 2021 guidance it will replace. Financial entities now face the challenge of identifying
IrelandFinance and Banking
William Fry LLP
William Fry LLP
Article

Time Running Out As AI Transparency Guidelines Published

The European Commission has published comprehensive guidelines on AI transparency obligations under Article 50 of the EU AI Act, with enforcement beginning August 2, 2026. These guidelines establish how organizations must disclose AI systems, mark synthetic content, label deepfakes, and demonstrate compliance, with significant penalties for non-compliance reaching up to €15 million or 3% of global turnover.
IrelandTechnology
William Fry LLP
William Fry LLP