The Advocate General of the European Court of Justice, Campos Sanchez-Bordona has delivered an opinion on Case C-613/14 (James Elliott Construction Ltd v Irish Asphalt Ltd). The Opinion was given in response to the request for a preliminary ruling from the Supreme Court of Ireland. The Opinion was delivered on 28/01/2016. The full text of the Opinion and the conclusions can be read by clicking here.
The first guest post on pyriteproblem.com comes from Dr. Víctor Cárdenes Van den Eynde. Victor started his career in the slate industry of Galicia (Spain), later moving to the Slate Technology Center Foundation (Galician Association of Slate Producers). There, he developed various methods of inhibiting oxidation of iron sulfides in roofing slates.
He later moved to the University of Oviedo, working as a reseacher and completing a Masters in Geological and Geotechnical Resources in 2010 and a PhD in roofing slate in 2012. He currently researches the petrophysics and weathering of building materials. Further information about Victor’s research and publications can be found at the end of this post.… Read the rest
The Irish Times reported yesterday that the legal case brought against Irish Asphalt Ltd by James Elliot Construction (JEC vs. IAL) for the supply of defective infill has been referred to the European Court of Justice for “determination of issues including the merchantable quality of goods”.
The summary below includes extracts from the Irish Times article.
JEC are suing IAL with respect to aggregate supplied for use in construction of the Ballymun Central Youth Facility (BCYF)
The BCYF underwent a €1.55m remediation project, required as a result of floor and wall cracking due to pyrite heave
A scientific paper on the pyrite heave problems at BCYF by Hawkins and Stevens (2013) can be found by clicking here
JEC brought legal action for compensation against IAL, claiming pyrite heave as the cause of damage
The High Court found the aggregate was not fit for purpose or of merchantable quality, and had caused pyrite heave
IAL appealed the decision to the Supreme Court and claimed it was not liable to JEC
The Supreme Court found that IAL’s appeal should be dismissed, subject to any issue of European law
The Supreme Court therefore referred the case to the European Court of Justice
The Supreme Court upheld the finding that there was a breach of legislation in terms of merchantability under the Sale of Goods and Supply of Services Act 1980
The Supreme Court stated that it had set aside the High Court finding in relation to material suitability for purpose under the Sale of Goods and Supply of Services Act 1980
The Supreme Court reject IALs contention that liability to JEC was limited to the cost of infill replacement
The Supreme Court upheld the High Court view that the sulfur content of the infill did not meet the required standard and should not be overturned
Notes on EU law (from irish Times)
“In light of Irish Asphalt Ltd’s contention the High Court conclusions were inconsistent with and precluded by EU law, it had been decided to refer a number of questions on the case to the European Court of Justice for a preliminary ruling or reasoned order.
Despite pleas from Coalition of Victims of Pyrrhotite (CVAP) in Canada, SNC-Lavalin (the main defendant in the recent pyrrhotite trial) have stated that they will appeal the pyrrhotite judgement, Le Nouvelliste reported yesterday (10.07.14).
In the Superior Court judgement, SNC-Lavalin along with their geologist Alain Blanchette, had been found responsible for 70 % of the pyrrhotite problem. Le Nouvelliste reports that the CVAP spokesman, Yvon Boivin, was “bitterly disappointed” by the decision to appeal, but was continuing with plans to promote the boycotting of SNC-Lavalin. Disappointment was also expressed at the news on the CVAP Facebook page.… Read the rest