High Court decides to refer nine questions to the Court of Justice of the European Union for a preliminary reference concerning the derogation for use of nitrates beyond standard levels, on the grounds that EU law was agreed by the parties not to be 'acte clair' in respect of those issues.
Challenge to validity of Irish and EU measures relating to derogation for use of nitrates beyond standard levels - whether EU law was 'acte clair' - the validity of a national action plan (nap) under directive 91/676 - the interpretation of 'material assets' under directive 2001/42 - the validity of a commission decision in light of potential breaches of eu directives.