The Advocate General’s Opinion in relation to the James Elliot Construction v Irish Asphalt Limited appeal is due to be presented on 28 January 2016. This is further to the Supreme Court’s ruling in December 2014 that Irish Asphalt’s appeal should be dismissed as a matter of Irish law but subject to interpretation on a number of points from the Court of Justice of the European Union (CJEU).
The Supreme Court sought clarification on the applicability of the Construction Products Directive and the underlying harmonised standard that has been adopted in Ireland, in relation to aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction.
The Advocate General’s Opinion will be followed by deliberations prior to final judgment being given. Once received, the decision of the CJEU will offer some much needed clarification on the ongoing pyrite issue and have a significant impact on related and subsequent proceedings. We will keep you up to date as the case progresses.