• A year on, there are still reports of toxic cyanobacteria and pollution in the As Conchas reservoir, Spain, which have also been observed at the Lindoso dam in Portugal.
• The application calls for A Limia to be designated a zone vulnerable to nitrate pollution, as well as a moratorium on new industrial livestock farms and the expansion of existing ones until environmental degradation has been reversed, amongst other measures.

Residents of As Conchas (Ourense), with the support of ClientEarth, Friends of the Earth Spain and the CECU Federation of Consumers and Users, have filed a lawsuit asking the High Court of Justice of Galicia (TSXG) to enforce the landmark ruling which found that their fundamental rights had been violated due to the authorities’ failure to act against pollution from industrial livestock farming in the Limia river basin, with particular impact on the As Conchas reservoir.

In July 2025, the TSXG concluded that the Xunta de Galicia and the Miño-Sil River Basin Authority (CHMS) had violated the fundamental rights of the local population, including the right to life, to privacy, to the inviolability of the home and to property, in relation to the right to enjoy a healthy environment and the human right to water. The ruling also recognised that this violation was caused by the inaction of both authorities, despite having been aware for years of the pollution caused by industrial livestock farming affecting the Limia river basin.

The ruling ordered the Xunta and the CHMS to immediately adopt all necessary measures to put an end to the environmental degradation of the As Conchas reservoir and its surroundings and to guarantee the supply of clean and safe water to the local population. In February 2026, the Supreme Court definitively upheld the ruling by dismissing the appeals lodged by both authorities.

However, more than a year after the judgement and several months after it became final, the community of As Conchas and the organisations supporting them report that the measures required by the court have still not been implemented.

The application for enforcement is not intended to replace the public authorities in the exercise of their powers, but rather to ensure the effective enforcement of a final judgement by adopting the necessary measures to restore the environment and protect the fundamental rights whose infringement has already been declared by the court.

 

Nieves Noval, a senior lawyer at ClientEarth, states:
“In July 2025, a court ruled that the authorities had infringed the fundamental rights of the As Conchas community, and the Supreme Court has upheld this ruling. The authorities have had the opportunity to comply with the judgement voluntarily. They have failed to do so. It is now up to the court to ensure its enforcement. Because the residents of As Conchas, like so many other communities affected by pollution, have already waited too long. We all have the right to the full enjoyment of our fundamental rights and to have final judgements enforced.”

Insufficient action

The claim filed states that the only measures reported to date consist of the payment of the compensation awarded in the judgement, a number of inspections of livestock farms and the taking of water quality samples. These measures are insufficient to comply with a judgement that requires an end to the environmental degradation of the catchment area, guarantees safe drinking water and restores the full enjoyment of the fundamental rights whose violation was recognised by the court itself.

Meanwhile, the environmental situation has not improved. The claim states that over the past year there have continued to be episodes of massive blooms of potentially toxic cyanobacteria, the problems of pollution and odours affecting local communities persist, and there are signs of downstream impact, including at the Portuguese Lindoso dam.

Blanca Ruibal, coordinator of Friends of the Earth, states:

“Delaying the enforcement of the judgement endangers the local population, demonstrates a grave lack of responsibility and violates their fundamental rights. The court’s ruling is unequivocal, and the action taken by the authorities must be equally decisive; they must now take the reins and protect citizens and their environment. It is urgent to restore the area and re-establish the right to health, to water and to a healthy environment.”

The organisations point out that the judgement had already identified, amongst other things, specific actions that the authorities were required to implement in order to remedy the situation, including environmental and health studies, ongoing water quality monitoring programmes, public information systems, pollution monitoring and measures to reduce the pressure on the catchment area.

In the application for enforcement filed with the TSXG, the applicants set out the measures identified by the judgement itself as necessary to ensure its effective implementation and request that they be carried out. These include the designation of A Limia as an area vulnerable to nitrate pollution; a moratorium on new industrial livestock farms and on the expansion of existing ones until environmental degradation has been reversed; comprehensive environmental inspection and control programmes; enhanced monitoring systems for water quality and wells intended for human consumption; early warning protocols for the public; and plans to monitor outbreaks of cyanobacteria, odours and other impacts on health and the environment.

Consequently, the application for enforcement requests that the court ensure full and effective compliance with the judgement, compelling the public authorities to take the necessary measures to put an end to the environmental degradation of the Limia river basin and to restore the full enjoyment of the fundamental rights whose infringement was declared by the TSXG.

Furthermore, the claimants request that the Court set deadlines, designate responsible parties and establish objective compliance indicators, and that the authorities report periodically on the actions taken, so that effective compliance with the obligations imposed by the judgment can be verified.

David Sánchez, director of the CECU Federation of Consumers and Users, adds:

“The As Conchas judgement highlighted the serious impact of pollution on the fundamental rights of the population. The response from public authorities cannot be to look the other way or to pass the blame onto one another. They must act urgently and in a coordinated manner to restore the rights of the local population.”