European Court of Justice

摘要

On 30 May 2006 the European Court of Justice (ECJ) issued its judgment in C-459/03 Commission v. Ireland. This case constitutes the latest—perhaps the concluding—stage in the protracted dispute between Ireland and the UK over the latter's decision to authorise the operation of the MOX nuclear reprocessing plant at Sellafield. In a judgment of not inconsiderable significance to the development of European Community (EC or Community) law in this area, the ECJ had the opportunity for the first time to determine whether a breach of Article 292 of the EC Treaty and Article 193 of Euratom had taken place. In making such a determination the Court undertook to interpret the 1998 Declaration of Competence issued on ratification of the 1982 United Nations Convention on the Law of the Sea (the LOS Convention or LOSC) by the EC, and provided an important clarification of the division of competences between the EC and its Member States in connection with the protection and preservation of the marine environment.