On 1 July 2010, Ireland gave an ambitious pledge to convert a significant share of electricity generation from conventional to onshore wind generation. This pledge was designed to support a legal obligation to reach a 16 per cent share in renewable energy consumption by 2020. More recently, buoyed by the apparent success of the initial policy, the Irish Government indicated its intention to explore the potential for a wind generated electricity export market. However, problems are evident that threaten these ambitions as Ireland's wind policy and most of its commercial wind developments (namely those constructed before 2011) are open to legal challenge for having breached EU law. Although the case law that supports this proposition will be considered solely in relation to the threat it poses to Ireland's wind policy and developments, the jurisprudence has broad-ranging implications for renewable energy across the EU, and for environmental lawyers and policy-makers in all 28 of the EU's Member States.