The Irish Farmers Association (IFA) does not expect a judgment from the Court of Justice of the European Union (CJEU) on the legality of Ireland’s nitrates action programme until May 2026 at the earliest.
The case, which An Taisce has taken against the Department of Housing, was before the court in Luxembourg on Thursday. The IFA is a formal notice party in the case.
IFA president Francie Gorman, director of policy Tadhg Buckley and European director Liam MacHale travelled to Luxembourg on Thursday with their legal team to make a submission to the court on behalf of Irish farmers.
“We made the submission today, but we don’t expect the [CJEU] to deliver a judgment until at the earliest May 2026,” Gorman said.
“This has caused a lot of stress for farm families around the country. We had no option but to join the case to ensure the court is aware of the initiatives farmers have taken to improve water quality and the economic consequences of losing the derogation,” he said.
High Court ruling
The case was referred to the highest court in Europe in July of 2024 by High Court judge Richard Humphreys.
In a ruling issued on 24 July 2024, justice Humphreys ordered that nine of the 12 issues raised in the case should be referred to the CJEU.
“The present action is a challenge to the validity of domestic and European measures relating to the derogation for the use of nitrates above and beyond standard levels.
“That challenge raises significant issues of European law,” he said in his ruling at the time, adding that An Taisce had raised "novel, complex and important issues of EU law".
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Explainer: why Ireland's nitrates derogation is before Europe's highest court
The Irish Farmers Association (IFA) does not expect a judgment from the Court of Justice of the European Union (CJEU) on the legality of Ireland’s nitrates action programme until May 2026 at the earliest.
The case, which An Taisce has taken against the Department of Housing, was before the court in Luxembourg on Thursday. The IFA is a formal notice party in the case.
IFA president Francie Gorman, director of policy Tadhg Buckley and European director Liam MacHale travelled to Luxembourg on Thursday with their legal team to make a submission to the court on behalf of Irish farmers.
“We made the submission today, but we don’t expect the [CJEU] to deliver a judgment until at the earliest May 2026,” Gorman said.
“This has caused a lot of stress for farm families around the country. We had no option but to join the case to ensure the court is aware of the initiatives farmers have taken to improve water quality and the economic consequences of losing the derogation,” he said.
High Court ruling
The case was referred to the highest court in Europe in July of 2024 by High Court judge Richard Humphreys.
In a ruling issued on 24 July 2024, justice Humphreys ordered that nine of the 12 issues raised in the case should be referred to the CJEU.
“The present action is a challenge to the validity of domestic and European measures relating to the derogation for the use of nitrates above and beyond standard levels.
“That challenge raises significant issues of European law,” he said in his ruling at the time, adding that An Taisce had raised "novel, complex and important issues of EU law".
Read more
Irish nitrates case referred to EU Court of Justice
Germany loses court case over nitrates directive
Explainer: why Ireland's nitrates derogation is before Europe's highest court
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