Gary Cunniam -v- Parcel Connect Limited trading as Fastway Couriers Ireland and Others

JurisdictionIreland
JudgeO'Connor, John J.
Judgment Date23 January 2023
Neutral Citation[2023] IECC 1
Case OutcomeApproved
Courthttp://justis.com/court/2781
Docket Number2021/03424
1
AN CHÚIRT CHUARDA
THE CIRCUIT COURT
Dublin Circuit County of the City of Dublin
Record No. 2021/03424
Between:
GARY CUNNIAM
PLAINTIFF/RESPONDENT
AND
PARCEL CONNECT LIMITED trading as FASTWAY COURIERS
IRELAND
and
A&G COURIERS LIMITED trading as FASTWAY COURIERS IRELAND
and
NAPIER COURIERS LIMITED trading as FASTWAY COURIERS
DEFENDANTS/APPLICANTS
Judgment of His Honour Judge John O’Connor delivered on the 23rd day of
January, 2023
1. Introduction
1.1 In this case the defendants seek an order pursuant to the inherent jurisdiction
of this Court staying the existing proceedings pending a determination by the Court of
Justice of the European Union (“CJEU”) of the preliminary references referred to it by
various member states in accordance with Article 267 of the Treaty on the Functioning
of the European Union (“TFEU”), namely:
a. Case C-300/21 UI v Österreichische Post AG
b. Case C-340/21 VB v Natsionalna agentsia za prihodite
2
c. Case C-667/21 ZQ v Medizinischer Dienst der Krankenversicherung
Nordrhein
d. Case C-687/21 BL v Saturn Electro-Handelsgesellschaft mbH Hagen
e. Case C-741/21 GP v Juris GmbH
f. Case C-182/22 JU v Scalable Capital GmbH
1.2 The defendants submit that this Court is required, in accordance with the duty
of sincere cooperation provided for in Article 4(3) of the Treaty of the European Union
(“TEU”), to stay these proceedings pending the determination of these preliminary
references. The defendants submit that the Circuit Court is a national court of a
member state and, as such, is subject to the obligations imposed on the courts of
member states by the Treaties.
1.3 The defendants submit that it will suffer prejudice in the event that a stay is not
granted at this point in the proceedings. Among the points raised by the defendants
were the following:
(a) The value of the plaintiffs claim. Even if the plaintiff succeeds in establishing
liability, the claim is very small relative to the jurisdiction of the Circuit Court.
Should the CJEU decide to accept the recommendation of the Advocate
General in Case C-300/21, discussed below, they submit that it is possible that
the plaintiff will not be entitled to any damages.
(b) If the proceedings are simply allowed to proceed until such time as they are
ready for hearing, the costs that will have been incurred by then will by far be
in excess of any award of damages the plaintiff may recover.

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2 firm's commentaries
  • CJEU Decision: No 'De Minimis' Threshold For GDPR Compensation Claims
    • European Union
    • Mondaq European Union
    • May 24, 2023
    ...issue has been subject to scrutiny recently before the Irish courts. The Irish Circuit Court, in Cunniam v Parcel Connect Limited & Ors [2023] IECC 1, granted a stay on proceedings brought by a data subject where non-material damages were alleged, pending the delivery of six decisions from ......
  • Irish Circuit Court Stays Compensation Claim For Non-Material Damages
    • Ireland
    • Mondaq Ireland
    • March 13, 2023
    ...Circuit Court, in the case of Cunniam v Parcel Connect Limited & Ors [2023] IECC 1, recently granted a stay on proceedings brought by a data subject where non-material damages were alleged, pending six decisions awaited from the Court of Justice of the European Union ('CJEU') relating to no......

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