No decision expected from Court of Justice of the EU on Irish NAP case until 2026

An Taisce at the Court of Justice of the EU (L-R) head of advocacy, Dr. Elaine McGoff with junior counsel, John Kenny, senior counsel James Devlin and solicitor Eoin Brady Source: @AnTaisce
An Taisce at the Court of Justice of the EU (L-R) head of advocacy, Dr. Elaine McGoff with junior counsel, John Kenny, senior counsel James Devlin and solicitor Eoin Brady Source: @AnTaisce

Irish farming organisations and An Taisce today (Thursday, December 11) were before the Court of Justice of the European Union (CJEU) in relation to Ireland's fifth Nitrates Action Programme (NAP).

The farming organisations, the environmental group and representatives for the Minister for Housing, Local Government and Heritage and the Attorney General were called on to set out their position to the court on the fifth NAP.

They were there because of a legal challenge first launched by An Taisce back in 2022 requesting a judicial review of the NAP.

According to the environmental campaign group the aim of the legal proceedings was "to ensure that two of the essential ingredients for flourishing rural life and agriculture - i.e. clean water and uncontaminated soil - are preserved for future generations".

The legal challenge by the environmental group was chiefly taken against the Minister for Housing, Local Government and Heritage and the Attorney General.

But the Minister for Agriculture, Food and the Marine, the Irish Farmers' Association (IFA) and the Irish Creamery Milk Suppliers Association (ICMSA) were also listed as notice parties.

Court of Justice of the EU

The High Court judge that presided over An Taisce's challenge in Dublin ruled that the case had raised "significant issues of European law" and he referred it to the Court of Justice of the EU.

Today An Taisce, the ICMSA and the IFA were among the Irish organisations who made submissions to the court.

According to An Taisce it was at the European Court of Justice today with its legal team "defending important protections for clean water in Ireland".

The ICMSA said that it was also in Luxembourg today to "set out ICMSA's position on behalf of its members on the legal questions under consideration.

Meanwhile the IFA said it also made a submission today and that it does not expect the court "to deliver a judgment until at the earliest May 2026".

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