Six years after Quinn Glass built its facility on the banks of the Manchester Ship Canal in Cheshire without planning consent, rival Ardagh Glass is again challenging the scheme's legality.
Ardagh is seeking leave from the Administrative Court to challenge the decision of Cheshire West & Chester Council to grant planning permission for the Quinn Glass Plant at Elton.
The council granted retrospective consent last year. The Court of Appeal subsequently dismissed Ardagh's challenge to the High Court's confirmation of the council's right to grant permission for the plant.
Ardagh, which is registered in Luxemburg and has UK bases in Yorkshire, is now seeking the right to challenge the process by which the authority arrived at its decision to grant planning consent.
Council leader Cllr Mike Jones said: "The council has worked closely with the London office of specialist law firm Denton Wilde Sapte in successfully defending its position and will continue to do so in respect of this latest challenge.
"In light of the Court of Appeal decision, we remain confident that our approach to this matter has been entirely correct throughout and remains so in respect of this latest challenge."
The Appeal Court also ordered Ardagh Glass to pay the council's costs in responding to the appeal and criticised Ardagh for the unnecessary amount of paperwork filed in support of their case. The court also refused Ardagh permission to appeal to the Supreme Court in the UK or to refer the matter to the European Court of Justice.