Waste management company Greenstar has been granted leave by the High Court to seek a judicial review of the recent decision by Dublin’s four local authorities to end private operator's freedom to operate anywhere they like in the city.
The decision by Dublin's local authorities to give the council exclusive rights for household waste collection in the region, effectively ended the existing situation where two or three private companies are competing for business in a single estate.
In a sworn affidavit to the High Court today, Jerry Dempsey, a director of Greenstar, said that the local authorities’ proposed changes appeared to be “a direct attack” on Greenstar’s operations in the household waste collection market in the Dublin region. He also said that there was “no factual basis” to the legal, economic or environmental arguments put forward by the Local Authorities.
Mr. Dempsey further claimed that the local authorities took the decision to vary the waste management plan without holding a hearing.
Denis McDonald, SC acting on behalf of Greenstar told the High Court that “the decision to vary the Waste Management Plan had been taken in a manner which fails to respect Greenstar’s constitutional rights, in particular, its right to earn a ivelihood.
The decision to make the variation is an abuse by the Councils of their dominant position in the market” stated Denis McDonald, S.C.
Last week the High Court granted another refuse collector Nurendale Ltd, trading as Panda Waste Services, leave to have the council’s waste management plan judicially reviewed.
