Court archive
Court reports mentioning Cloonfad, Roscommon
2018-05-03 · Roscommon
An Irish truck driver, Eamonn Donnellan, has successfully challenged a €1.5m tax penalty demand from Greece in the High Court. Mr Justice Tony O'Connor declared that the Irish Revenue Commissioners are not entitled to enforce the Greek authorities' request to recover the demand from Mr Donnellan. The case was referred to the European Court of Justice (ECJ) in 2015, which ruled that member states are not precluded from refusing such requests if the person concerned was not properly notified. Mr Donnellan was notified of the demand in November 2014, following a request by Greek tax authorities in April 2009. He had been jailed in 2002 after a Greek court found him guilty of smuggling, but was later acquitted. He maintained his innocence and served over four months in jail before his release. His legal team, led by Paul McGarry SC, argued the demand was procedurally flawed and an abuse of process. Revenue, which opposed the application, consented to the declaration in Mr Donnellan's favour after the ECJ's ruling. The judge also awarded Mr Donnellan his legal costs against Revenue.
2015-10-28 · Roscommon
A High Court action brought by Eamonn Donnellan against the Revenue Commissioners over a €1.5 million tax penalty demand from Greece has been referred to the European Court of Justice. Donnellan, who was jailed in 2002 by a Greek court for smuggling 176,000 packs of contraband cigarettes found in his truck, was found guilty and sentenced to 3½ years. He was released in December 2002 after an appeal. In 2013, he was notified by the Revenue Commissioners that he owed Greece €1.5 million under EU Council Directive 2010/24. Donnellan, represented by Paul McGarry SC and Roderick Maguire Bl, disputes the demand, claiming it is procedurally flawed and an abuse of process. He argues he was not properly notified and had no opportunity to contest the demand, which he says is based on a criminal offence he was acquitted of. The Revenue Commissioners, represented by Benedict Ó Floinn Bl, oppose the application, stating they complied with EU law and that any issues should be addressed by the Greek authorities. The judge, Mr Justice Tony O'Connor, said the case raises significant legal issues and adjourned the matter to a date in November, stating it would eventually be referred to the ECJ regardless of the court's decision.