Irish Times — A High Court action by an Irish man against the Revenue Commissioners over a tax penalty demand for €1.5 million from Greece is being referred to the European Court of Justice (ECJ).
Éamonn Donnellan, from Culkeen, Cloonfad, Co Roscommon, was stopped at the Greek port of Patras in July 2002. A search of the truck’s cargo revealed 176,000 packs of contraband cigarettes as well as his stated cargo of olive oil, destined for a supermarket chain in Ireland.
Within three days, Mr Donnellan, then aged 23, was brought before a court in Greece without any legal representation and sentenced to 3½ years on smuggling charges.
Mr Donnellan said he believed he was transporting olive oil for his employers to Ireland and maintained his innocence of the charges. A campaign begun in Ireland sought his release on the grounds he was innocent and had not received a fair trial.
Overturned
His conviction was later overturned on appeal and he returned home after being freed in December 2002 having spent more than four months in jail. He claims he heard nothing until November 2013 when he was notified by Revenue that he owed the Greek authorities €1.5 million.
The demand was made under EU council directive 2010/24 and European Communities Regulations dealing with requests for mutual assistance for the recovery of levies, duties and taxes. Mr Donnellan, represented by Paul McGarry SC and Roderick Maguire, disputes the demand, alleging it is procedurally flawed and an abuse of process. Following the conclusion of submissions, Mr Justice Tony O’Connor said he was referring the case to the ECJ.
The matter was adjourned to next month to allow the sides an opportunity to agree on the wording of the legal issues.
