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 leading producers of almond, walnut, and pistachio, in an administrative judicial appeal before the Supreme Court against certain provisions of the Hydrological Plans for the Tagus and Guadiana river basins for the 2022–2027 period. The appeal primarily challenged the irrigation allocations assigned to these crops in both basins.

The Supreme Court fully upheld the claims brought by our clients, completely annulling both the irrigation allocations established for these crops in the respective Plans and the restriction imposed by the Tagus Hydrological Plan, which prohibited exceeding those allocations by more than 30% — even in cases where a supporting agronomic study had been submitted.

The ruling — which is final — finds that neither the allocations nor the mentioned restriction were adequately justified in relation to the actual needs of the crops. According to the Court, this constitutes a breach of the principle of sound regulation and of the obligation to avoid arbitrariness in the exercise of regulatory powers by the Administration.

This judgment sets a significant precedent. Firstly, it requires the reinstatement of the provisions from the previous planning cycle (2016–2021) until new allocations are approved, which in practice means a substantial increase in water availability for the affected producers. Secondly, it establishes technical and legal standards that the Administration must comply with in the future when setting irrigation allocations in Hydrological Plans.

The team was led by Carlos Vázquez and Pedro Soto, together with Álvaro Obregón, partners and an associate in the Public and Regulated Sectors department. They were also supported by the technical advice of IRTA (Institute of Agrifood Research and Technology).