46 when dealing with the point later in the judgment, in my view, there was no basis whatsoever for the allegation of abuse of process or improper purpose. 9. Procedural Background 97.
FBI applied to and obtained leave to bring its judicial review proceedings from the
High Court (Meenan J.) on 14th September, 2020. Its statement of grounds was supported by an affidavit sworn by Ms. Yvonne Cunnane on 10th September, 2020. The Court ordered that there be a stay in the taking of any further steps in the inquiry pending the determination of the proceedings. 98.
On the DPC’s application, the proceedings were entered in the Commercial List on
25th September, 2020. The DPC delivered its statement of opposition on 23rd October, 2020. It was verified by an affidavit sworn by Ms. Dixon on the same date. 99.
In the meantime, Mr. Schrems obtained leave to bring his judicial review proceedings
from the High Court (Barr J.) on 12th October, 2020. Those proceedings were entered in the Commercial List on 19th October, 2020, on Mr. Schrems’ application. Mr. Schrems applied to be joined as a notice party to FBI’s proceedings on 14th October, 2020. FBI applied to be joined as a notice party to Mr. Schrems’ proceedings on 22nd October, 2020. Ultimately, it was agreed that each of FBI and Mr. Schrems would be joined as a notice party to the other’s proceedings and orders in those terms were made on 29th October, 2020. 100.
Mr. Schrems delivered a statement of opposition in FBI’s proceedings on 3rd
November, 2020 and swore an affidavit verifying that statement on 5th November, 2020. 101.
Ms. Cunnane swore a replying affidavit on behalf of FBI on 11th November, 2020.
That was the last of the affidavits sworn in these proceedings until a number of further affidavits were sworn at the direction of the court in the break in the proceedings between 21st December, 2020 and 13th January, 2021. An affidavit was sworn by Colum Walsh on 23rd December, 2020 on behalf of the DPC which provided information concerning the number of
