R (on the application of An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111, [2014] All ER (D) 107 (Aug)
The claimant issued judicial review proceedings, contending that the Secretary of State had failed to consult the public of the Republic of Ireland in accordance with Art 7 of Directive (EU) 2011/92 in granting development consent for the construction of a European pressurised reactor nuclear power station.
The Court of Appeal, Civil Division, in dismissing the application, held that the test was not whether the project was "likely to have significant effects on the environment" applying to Council Directive (EEC) 92/43, but the "real risk" test adopted in domestic authorities. It further refused to make a reference to the Court of Justice of the European Union.
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