A Court of Appeal judge has said that the challenge to the Food Vision 2030 strategy by the Friends of the Irish Environment (FIE) should be decided at EU level.

Ms. Justice Butler ruled that questions raised in the case should be referred to the Court of Justice of the EU (CJEU).

In October 2023, the High Court ruled in favour of the government’s position that the Food Vision 2030 Strategy is a voluntary stakeholder-led strategy that outlines a vision for the agri-food sector and recommends goals and actions, but does not create any legal obligations.

The High Court judge said at the time that Food Vision 2030 does not authorise or limit any activity. The judge also ruled that the vision does not establish binding or non-binding criteria.

The state had maintained that the plan is a non-binding policy document that does not require EU-law environmental screenings - including 'appropriate assessments' and 'strategic environmental assessments' - for environmental or habitat directives, which are required for specific plans or projects.

FIE subsequently appealed that judgement to the Court of Appeal.

In a judgement delivered yesterday (Tuesday, March 25) by the Court of Appeal, Ms. Justice Butler said: "Whilst I am minded to agree with the trial judge that [Food Vision 2030] is a plan of a type which, in practical terms, is incapable of being the subject of a meaningful AA and, thus, falls outside the scope of the concept of a 'plan or project' under the [EU] Habitats Directive, the position is not clear cut.

The judge agreed with part of FIE's argument that the case raises important issues as to what constitutes a 'plan or project' for the purposes of the Habitats Directive.

In referring questions to the CJEU, Ms. Justice Butler said the referral will be limited to determining if Food Vision 2030 constitutes a 'plan or project' under the Habitats Directive; if it requires an Appropriate Assessment; and how specific such an assessment would need to be.

Questions around whether a strategic environmental assessment was required were not referred, as the judge decided that Food Vision 2030 did not fall within the scope of the relevant EU regulations for this type of assessment.

The judge said that the appeal will be adjourned, pending the decision of the CJEU on the questions referred on the appropriate assessment.