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Højesteret

14 maj 2020

Højesteret

Order on reference for a preliminary ruling and cause of action

No grounds for referring questions for a preliminary ruling to the European Court of Justice on the interpretation of the EU Water Framework Directive, and no further cause of action than that established by the High Court

Case no. 53/2019
Order made on 5 May 2020

Landsforeningen for Bæredygtigt Landbrug (national association for sustainable agriculture)
acting for 22 members
and
Landsforeningen for Bæredygtigt Landbrug (national association for sustainable agriculture)
acting for 2,851 members
vs.
The Ministry of Environment and Food of Denmark
and
The Danish Environmental Protection Agency

Intervener for Bæredygtigt Landbrug:
acting for the association’s members:
The Danish Agriculture & Food Council

The case before the High Court comprised the hearing of two cases, mainly on the validity of 22 water plans for the 2009-2015 period and all river basin management plans for the 2015-2021 period. During the pre-trial stage, Landsforeningen for Bæredygtigt Landbrug submitted a request for a reference to the European Court of Justice for a preliminary ruling of questions regarding the interpretation of the Water Framework Directive and for a separate hearing of the environmental authorities’ claims for dismissal.

In its order of 19 September 2018, the High Court held that there were no grounds for referring questions for a preliminary ruling, and that a number of the claims by the environmental authorities for dismissal due to lack of cause of action should be upheld. The High Court’s order was appealed to the Supreme Court with the permission of the Appeals Permission Board.

The Supreme Court held that, based on the information available in the case, there was no reasonable doubt as to the interpretation of the Water Framework Directive of relevance to the case that justified ordering the High Court to refer the question to the European Court of Justice. The Supreme Court thus affirmed the High Court’s decision not to grant the request for a reference for a preliminary ruling.

On the grounds cited by the High Court, the Supreme Court further held that Landsforeningen for Bæredygtigt Landbrug, acting for the association’s members, did not have any further cause of action in the two cases than that already established by the High Court.

The Supreme Court thus affirmed the order of the High Court.