A Cork company was given leave by the High Court yesterday to challenge the refusal by the State to allow the Euroflex pipe, which is imported from Germany, to be certified for use in the construction industry in Ireland.
Aquatechnologie Limited, of Marina Commercial Park, Centre Park Road, Cork, imports into Ireland the Euroflex non-crosslinked thermoplastic pipe from its German manufacturer, HPG Heizrohr Produktions GmbH. The product, made from resin manufactured by Dow Chemicals, is used to carry hot and cold water and for central heating.
The company said it began importing the pipe in June 1995 and claims the Minister for the Environment initially approved the product for use in buildings.
On May 21st, 1996, the company said it applied to the National Standards Authority for Ireland (NSAI) seeking formal certification that the product was considered safe for use in the construction industry. It said the NSAI formally indicated in writing that such certification would be granted, but it was subsequently refused.
The company said it was told on June 16th that the product was tested against a draft Irish standard adopted in February 1996. It claims that standard was applicable to cross-linked polyethylene while Aquatechnologie claims the Euroflex product is made from non-cross-linked polyethylene.
There is no Irish standard applicable to its product, the company claims. It says its product was tested against an inappropriate standard, and any refusal to certify the product on the basis of such testing is irrational.
It also claims the Minister for the Environment has refused to accept the Euroflex pipe as a "proper material" for the purpose of the Building Control Regulations, 1991, and that the Minister has instructed builders not to use the pipe as it is not an Irish product.
It says the raw material making up the pipe complies with a draft German standard, the performance of the pipe complies with an international standard and the product has been used safely for more than 15 years in 23 countries.
Yesterday Aquatechnologie applied for leave to seek, by way of judicial review, orders and declarations against the NSAI, the Minister for the Environment and the State, related to the purported refusal to certify the Euroflex pipe. Mr Justice Geoghegan gave the company leave to seek orders quashing the NSAI decision refusing certification and directing certification of the Euroflex pipe for use in the construction industry in Ireland. He also gave leave to seek a number of declarations including one that the refused certification breached Article 30 of the EC Treaty, which prohibits obstacles to the free movement of goods between EC member-states.