On those grounds, the Court (Eighth Chamber) hereby:
Declares that, by not ensuring that the minimum levels of taxation applicable to motor fuels laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity were applied to gas oil used as fuel for propelling private pleasure craft, and by permitting the use of marked fuel for propelling private pleasure craft, even where that fuel is not subject to any exemption from, or reduction in, excise duty, Ireland has failed to fulfil its obligations under Articles 4 and 7 of Directive 2003/96 and Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene respectively;
Orders Ireland to pay the costs.
Vilaras, Malenovský, Safjan
Delivered in open court in Luxembourg on 17 October 2018.
… up yours.
Irish waterways history 
Of course, the problem is that the boating community are not the ones paying any fine/costs – the general taxpayer is.
Ouch…
So now, everyone will pay into the fine, just as we do with fines levied on Ireland over the illegality of VRT
@skenn58 you are wrong.
VRT is not illegal : https://www.motorcheck.ie/blog/is-vrt-a-legal-tax/
The EU has said that it is against the spirit of the rules but not the law. Nice try to deflect the issue away from freeloading boaters.