European Commission v. Ireland

Beginning in January 2011, the European Commission sent Ireland a formal notice under the EU Habitats Directive (Directive 92/43/EEC), citing failures to protect Special Areas of Conservation (SACs) designated for raised bog and blanket bog habitats. The Commission stated that turf cutting on these bogs, combined with drainage activities, was degrading priority habitats that are critical for biodiversity and serve as significant carbon sinks. These habitats host important insect and bird species and, when healthy, contribute to climate change mitigation by sequestering carbon. In June 2011, the Commission issued a reasoned opinion, escalating the infringement procedure and highlighting Ireland’s continued degradation of bog habitats. While Ireland began restoration work on raised bog SACs and curtailed turf cutting at many sites between 2011 and 2021, turf cutting persisted in other areas. In 2019, the National Parks & Wildlife Service assessed blanket bogs as being in “bad status.” No effective regulatory regime was put in place to protect blanket bog sites. In September 2022, the Commission issued an additional reasoned opinion, noting insufficient progress. Despite some restoration measures, many sites remained degraded, and mechanical turf cutting continued to undermine restoration potential. In March 2024, citing these ongoing shortcomings, the Commission referred Ireland to the Court of Justice of the European Union (Case INFR(2010)2161). It also referenced a UN report estimating that Ireland’s degraded peatlands emit 21.5 million tonnes of CO₂ equivalent annually. The Commission formally filed its application with the Court in March 2025.