GA_P advises the CEP in its appeal against the Hydrological Plans

Gómez-Acebo & Pombo has advised the European Pistachio Council (CEP), as well as the main producers of almonds, walnuts and pistachios, in an administrative appeal before the Supreme Court against certain provisions of the Water Plans for the Tagus and Guadiana river basins for the period 2022-2027. The appeal mainly challenged the irrigation allocations assigned to these crops in both basins.

The Supreme Court has upheld all of our clients’ claims, completely annulling both the irrigation allocations established in these Plans for these crops and the restriction imposed by the Tagus Hydrological Plan to exceed them by more than 30%, even when a supporting agronomic study was presented.

The ruling, which is final, considers that neither the allocations nor the aforementioned limitation were sufficiently justified in relation to the actual needs of the crops. According to the Court, this constitutes a violation of the principle of good regulation and the duty to avoid arbitrariness in the exercise of regulatory power by the Administration.

This ruling sets an important precedent. Firstly, it requires the provisions of the previous planning cycle (2016-2021) to be reapplied until new allocations are approved, which in practice means a considerable increase in the availability of water for the producers affected. Secondly, it establishes technical and legal standards that the Administration must comply with in the future when setting irrigation allocations in the Hydrological Plans.

The team was led by Carlos Vázquez and Pedro Soto, together with Álvaro Obregón, partners and associates in the Public and Regulated Sectors area. They also received technical advice from the IRTA (Institute for Agrifood Research and Technology).