Supreme Court Upholds That Circuit Court Has Jurisdiction On State Aid Disputes
Background
In an important decision delivered on 29 May 2019, the Supreme Court affirmed decisions of the Court of Appeal and the High Court, in the case of Dun Laoghaire Rathdown County Council v West Wood Club Limited [2019] IESC 43, that the Circuit Court has jurisdiction to hear State aid allegations.
In this case, defendant West Wood made State aid allegations in resisting debt enforcement proceedings by the Council plaintiff relating to unpaid commercial rates (council taxes). In particular, West Wood pleaded that the Council was operating leisure facilities in competition with it, and that the funding received by the Council from such commercial rates amounted to unlawful State aid. In response, the Circuit Court held that...
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