Official Journal of the European Union

C series

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C/2025/4570

(Case C-332/25, Friends of the Irish Environment)

(C/2025/4570)

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Friends of the Irish Environment CLG

Defendant(s): Government of Ireland, Minister for Agriculture Food and the Marine, Ireland, Attorney General

Questions referred

Is a high-level strategic policy such as FV2030 capable of constituting or being deemed a ‘plan or project’ within the meaning of Article 6(3) of the Habitats Directive (1)?

In this regard the key characteristics of the policy are that it was adopted on a voluntary basis by a stakeholder committee; it is formally supported by a decision of the Government; it does not authorise or limit any activity; it does not have any mandatory or binding effects on downstream decision makers but may have some influence in that it may be considered by such decision makers; it does not set criteria by reference to which development consent decisions will be made; it does not set criteria by reference to which other plans or programmes will be adopted.

If the answer to question 1 is ‘Yes’, can a policy such as FV2030 constitute a plan or programme within the meaning of Article 6(3) of the Habitats Directive if it does not contain measures of adequate specificity to allow them to be quantified and assessed and it is not possible to identify any specific Natura 2000 site or sites which might be affected by its implementation so as to enable an assessment to be carried out by reference to the site(s) conservation measures?

If the answer to question 2 is ‘Yes’, is it sufficient for an appropriate assessment of such policy to identify generally the environmental risks posed by activities coming within the sector covered by the policy and the effects those activities might have generally on protected habitat types and species in Natura 2000 sites in Ireland without identifying specific risks that might impact upon individually identified sites?

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(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; (OJ 1992 L 206, p.7).

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ELI: http://data.europa.eu/eli/C/2025/4570/oj

ISSN 1977-091X (electronic edition)

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