Kerry seafood company loses European court case

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A Kerry seafood company has lost its appeal in the European Court of Human Rights.

O’Sullivan McCarthy Mussel Development Ltd took a case in relation to alleged financial losses caused by implementation of EU regulations, which it believed were a violation of its right to property.

Solicitor for Cromane Seafoods, Paddy Whelehan, said there is an entitlement to seek a referral to the Grand Chamber, which is being considered.

For a period in 2008, mussel seed fishing was prohibited in 24 locations around the Irish coast, including Castlemaine harbour.

Cromane Seafoods was informed of the situation by an official of the Department on 6 June 2008.

The company alleged there had been a violation of its rights due to economic loss, for which it held the domestic authorities responsible and for which it had received no compensation.

It further alleged a violation of its right to an effective remedy and that the duration of the domestic proceedings had been excessive.

The European Court of Human Rights found the company’s activities were conducted subject to the conditions stipulated by the Minister each year, and that in 2008, the authorisation was not withdrawn or revoked but subject to temporary restriction.

The court also said the company’s activities were not completely interrupted in 2008.