Garrett Breen
Partner
- Dublin - Head Office
- [email protected]
Practice Areas
Home Practice Areas Litigation & Investigations Administrative & Public Law
Administrative & Public Law
We advise public bodies and regulatory authorities.
Our strength is in our experience which ranges from regulatory investigations to regulatory enforcement and from managing potential challenges to administrative decisions to handling complex judicial review proceedings and statutory appeals. We are highly skilled in the area and this is evidenced by the fact that we have acted in the majority of the reported high-profile cases over the last 10 years.
We act for private clients in respect of possible challenges in relation to public tenders and how to manage regulatory investigations and enforcement actions. We have managed litigation at all levels including before the EU Court of Justice and Court of First Instance.
Our experience includes acting for/advising:
- ComReg in the first regulatory enforcement proceedings before the Commercial Court seeking to enforce compliance by eircom, the incumbent telecoms operator, with obligations arising from its position of significant market power in the line rental markets. Defended ComReg in three Statutory Appeals joined to above proceedings by eircom. The case concerned telecoms bundle offers being sold by eircom to the public. The case was settled on excellent terms, to the satisfaction of ComReg.
- The Commission for Aviation Regulation in its defence of an application for judicial review by Ryanair in the Commercial Court concerning the determination of CAR as to the charges the DAA can impose on users of the airport. This is the latest of a number of such cases brought by Ryanair over the years relating to each of the determinations made by CAR and the judgment of Kelly J is eagerly awaited.
- Payzone Ireland Limited in High Court proceedings seeking to judicially review a decision made by the ESB to award a contract in a public procurement process. The application also involved an application for an injunction to restrain the ESB from taking steps before the matter was determined by the Court – the matter was settled between the parties.
- Regulatory investigations
- Regulatory enforcement
- Complex judicial review proceedings
- Statutory appeals