Press release

EU Court forces Commission to rethink approval of French farm plan that broke environmental laws

29/10/25

In a groundbreaking legal judgement, the Court of Justice of the European Union (CJEU) today ruled that the European Commission was wrong to approve France’s national agriculture plan under the Common Agricultural Policy (CAP). This is the first time Civil Society Organisations have won a case before the EU Courts on the basis that an EU institution did not comply with environmental law. 

The Court found that France breached former ‘conditionality’ requirements - specifically regarding crop rotation - which guarantee the minimal environmental protections that should be included in national plans. NGOs ClientEarth and Collectif Nourrir brought the case in 2022, asking the Commission to reassess its approval of the plan, which they said failed to meet the CAP’s legally binding climate and nature goals. Today’s ruling confirms both that observations from the Commission can necessitate modifications to a Member State’s plans, and that the Commission should not have rejected this request. 

Sarah Martin, Lawyer at ClientEarth said: 

“This judgement confirms the Commission’s enforcement duty - to only approve CAP Strategic Plans that comply with EU law. The Commission failed in that duty when it approved the French CAP Strategic Plan in 2022.   

CAP funding - a third of the EU’s budget - should be a driving force behind climate action, restoring biodiversity and protecting vital resources like water and soil. We urge policymakers to ensure that the next iteration of the CAP brings more clarity, and that public money is distributed in support of truly climate and nature-friendly agricultural practices”    

Mathieu Courgeau, co-chair of Collectif Nourrir said: “In a context of environmental and geopolitical tension, and with the aim of safeguarding our food sovereignty, farmers’ incomes and generational renewal, today's decision raises two major issues : the Commission's role in ensuring the "common" nature of the CAP and the continuous weakening of environmental objectives since we brought the case in 2022. Ensuring clear and efficient governance and preserving ambitious objectives are paramount for the future negotiations of the CAP."

The CAP is the main subsidy mechanism that funds farmers across the EU, representing one third of the EU’s total budget – a total of over €55 billion per year. The Commission’s approval of France’s plan unlocks more than €9 billion in subsidies each year for French farmers.  

CAP payments are conditional on national strategic plans (NSPs) that demonstrate compliance with EU laws - in particular, those designed to protect people, nature, the climate and the future of farming. The Commission has a duty to assess all national plans prior to their adoption, to ensure their compliance with the European framework.

In light of today’s ruling, and with planning for the next CAP (2028-2035) underway, ClientEarth and Collectif Nourrir are pushing to ensure greater clarity about the role of the Commission - and its authority to oblige member states to change their plans when necessary.

Further strengthening the role of the Commission would ensure that only fully compliant and environmentally compliant robust national plans can enter into force. The NGOs see the Commission’s role as crucial to ensuring CAP funding serves the common goals of the EU project and its environmental objectives. They are also urging policymakers to put environmental objectives at the heart of the CAP and to ear-mark sufficient budget to ensure those are met, and that farmers are sufficiently funded to deliver results on the ground.

The Court’s findings therefore annulled the Commission’s previous decision - refusing to review its approval of the French plan. This calls for the Commission to reassess the compatibility of the French plan with EU law in light of its respect for conditionality.

ENDS

Notes to editors:

  • A recent article by the French National Research Institute for Agriculture, Food and the Environment (Institut national de recherche pour l'agriculture, l'alimentation et l'environnement) shows that 99% of French farmers would be able to receive the standard level of payment for implementing ‘green’ practices required under the CAP without having to make any changes to their farming practices.

  • In 2022, the NGOs requested that the Commission reassess its approval of France’s plan, but the Commission refused, stating that it has limited power to shape national plans as EU countries have the discretion to allocate their subsidies as they see fit. However, the NGOs argued that the Commission’s refusal to reassess France’s plan goes against its legal duty to uphold EU laws. The European Commission has a responsibility to make sure taxpayers’ money is used to achieve its climate and environmental goals by supporting farmers to transition to sustainable and resilient agricultural practices that guarantees everyone has access to healthy food. 

  • The case built on findings from a 2023 report by the French High Council for the Climate (Haut Conseil pour le Climat), which highlighted the low level of ambition of France’s plan in light of its climate objectives and the lack of an overall vision for the future of livestock farming. 

 

Why should the French CAP Strategic Plan be reviewed? 

While the first instance judgement doesn’t give reason to the claimants on all of the pleas, it sends a strong signal to EU policy-makers on the need to clarify CAP requirements to better support farmers in building the resilience of the sector. 

ClientEarth and Collectif Nourrir focused on three main measures within the French CAP Strategic Plan, which they argue fail to comply with the CAP’s objectives: 

  • In particular, they deemed it lacking in measures to reduce greenhouse gas emissions, and promote carbon-sequestering grassland farming.

  • The financial aid given to measures meant to reduce the use of pesticides and fertilisers were insufficient to promote their use with detrimental consequences especially for French water bodies.

  • The requirements to obtain financial support through the CAP to maintain and preserve biodiversity did not incentivise farmers to adopt more sustainable practices. 

About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.

About Collectif Nourrir

The Collectif Nourrir brings together French farmers and citizens from 54 organisations, working to implement fair, democratic and ecological agricultural and food policies. We lead and coordinate collective work aimed at encouraging communication and engagement between the non-for-profit stakeholders on agriculture and food, at promoting ambitious agricultural and food policies and at raising awareness within the civil society.