Reference for a preliminary ruling from Supreme Court (Ireland) made on 27 July 2015 – Elaine Farrell v Alan Whitty, The Minister for the Environment, Ireland and the Attorney General, Motor Insurers Bureau of Ireland (MIBI)

(Case C-413/15)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicant: Elaine Farrell

Defendants: Alan Whitty, The Minister for the Environment, Ireland and the Attorney General, Motor Insurers Bureau of Ireland (MIBI)

Questions referred

Is the test in Foster and Others v British Gas plc (Case C-188/89) as set out at para. 20 on the question of what is an emanation of a member state to be read on the basis that the elements of the test are to be applied

(a) conjunctively, or

(b) disjunctively?

To the extent that separate matters referred to in Foster and Others v British Gas plc (Case C-188/89) may, alternatively, be considered to be factors which should properly be taken into account in reaching an overall assessment, is there a fundamental principle underlying the separate factors identified in that decision which a court should apply in reasoning an assessment as to whether a specified body is an emanation of the State?

Is it sufficient that a broad measure of responsibility has been transferred to a body by a member state for the ostensible purpose of meeting obligations under European law for that body to be an emanation of the member state or is it necessary, in addition, that such a body additionally have (a) special powers or (b) operate under direct control or supervision of the member state?



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