- Created by: channyx
- Created on: 21-03-20 16:44
Six Irish companies (plaintiffs) trading in petroleum products took proceedings against Ireland and the Irish National Petroleum Corp ("INPC") for a declaration that the Fuels (Control of Supplies) Order 1982 (the "Fuel Order") was contrary to EC law. The Fuels Order requires importers of various petroleum products into Ireland to purchase a certain percentage of their requirements from INPC at a cost to be determined by the Irish Minister for Industry and Energy taking into account the costs incurred by INPC. INPC is owned by the Irish State and has the only refinery in Ireland.
The plaintiffs argued that the Fuels Order contravened, in particular, Treaty of Rome 1957 Art.30. The Irish Government and INPC disputed that the Fuels Order contravened the Treaty of Rome 1957 Art.30, but argued that if it did contravene the Treaty of Rome 1957 Art.30 it was justified under the Treaty of Rome 1957 Art.36 on grounds of public policy and public security, in as much as it was intended to guarantee the operation of…