The High Court is expected to rule today on whether questions regarding the felling of trees at the Glen of the Downs, Co Wicklow, be referred to the European Court.
The tree-felling is part of the preparatory work being carried out by Wicklow County Council for an £18.5 million road-improvement through the glen.
Mr Michael O'Donnell, for Mr Dermot Murphy, a computer programmer, yesterday made submissions to the court regarding issues which he argued should be determined by Europe.
The application was opposed by the Wicklow County Council.
Mr Justice O'Sullivan said he would do his best to give his ruling today.
The council undertook not to fell trees in the meantime. However, Mr James Connolly SC, for Wicklow County Council, warned: "Beyond that, there is every hazard."
On Monday, the judge refused to continue an injunction, granted on Friday, preventing the council removing trees, shrubs and other vegetation at the site of the proposed dual carriageway in the glen.
Afterwards, the council undertook not to carry out any work pending yesterday's application by Mr Murphy to the High Court in relation to the European dimension of the case.
Mr Justice O'Sullivan in his judgment on Monday referred to a Supreme Court decision last week preventing Mr Murphy taking fresh proceedings. Earlier this month, the Supreme Court had rejected a challenge by Mr Murphy to the road development.
Last week Mr Murphy went to the High Court seeking leave to bring fresh judicial review proceedings. The High Court refused leave and the Supreme Court agreed with that decision, saying Mr Murphy was seeking to raise an issue which dated back to last August.
Mr Murphy had argued that, as of August 12th, the area had been designated as a candidate to become a special area of conservation under a European Council Directive and, therefore, an assessment and ministerial consent was necessary before the road development could proceed.
After that Supreme Court decision, Mr Murphy obtained an interim High Court order restraining tree-felling but that order expired on Monday when Mr Justice O'Sullivan said he would follow the Supreme Court decision and refuse an interlocutory injunction.
During Monday's hearing, Mr Murphy argued he was not out of time with his application because the council had not gone on to the site until last week. It was submitted that his time for bringing the application, therefore, should not date from August 12th, but this was rejected by the High Court.