Courts / Galway / Report

Second challenge to Apple data centre is fast-tracked

Summary

The High Court has fast-tracked a second legal challenge against An Bord Pleanála's decision to permit Apple to build a data centre in Athenry, Co Galway. Applicant Brian McDonagh, representing himself, sought to quash the board's August decision, alleging it breaches EU forestry directives. Although McDonagh opposed the fast-track application, citing difficulties in obtaining EU documentation, Mr Justice Brian McGovern admitted the case to the Commercial Court list. Counsel for Apple Distribution International, Rory Mulcahy SC, noted that McDonagh had previously been refused permission to include the forestry argument and has appealed that ruling to the Court of Appeal. The court also heard that a separate action by Sinead Fitzpatrick and Allan Daly, who claim the board failed to conduct a proper environmental impact assessment, was admitted to the list last week. The judge ordered that both cases be heard together next March. Apple describes the proposed facility as critical infrastructure for global data storage, part of an €850m plan for eight data centres in the locality intended to create hundreds of jobs.

Who, what, where, when and why

What: Report matter: Second challenge to Apple data centre is fast-tracked. Procedural stage: appeal

When:

• 2016-11-14 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report