In a Judicial Review case taken by Coastal Concern Alliance against the State regarding the awarding of a 2021 foreshore licence to RWE, a multinational energy company seeking to build a wind farm on the Kish-Bray Banks, the Minister for Housing, Local Government and Heritage, on behalf of the State, conceded that the Foreshore Licence was granted in breach of the Habitats Directive. Judge Simons was critical of the Marine Licence Vetting Committee and the Minister’s office for failing to correctly assess the application made by RWE.
Mr Justice Garrett Simons made an order of certiorari setting aside the decision of the Minister to grant the licence, having concluded that it did not comply with Article 6(3) of the Directive.