High Court to refer questions in An Taisce nitrates challenge

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court is to refer questions raised in An Taisce’s challenge to Ireland’s fifth Nitrates Action Programme to the Court of Justice of the European Union. The proceedings were reported on 24 July 2024.

In his judgment, Mr Justice Richard Humphreys said the case raised novel, complex and important issues of EU law, including the validity of a European Commission decision.

An Taisce wants the programme quashed and maintains that it does not protect water as it is meant to. The programme permits Irish farmers to have higher levels of organic nitrates on their land.

The hearing began on 12 December 2023 before Mr Justice Humphreys in the High Court’s planning and environmental division. The State denied the allegations and disputed that the High Court had power to refer a question about the Commission’s decision to grant Ireland a derogation.

The timing of the European court’s consideration was unclear.