Nature and biodiversity cases. Ruling of the European Court of Justice

European Union Publications Office, 2006

ISBN 92-79-02561-9

Search within this Source

Table of Contents

Sections

Foreward

References

Guidelines

Other documents

Introduction

About Europe's nature conservation. About the Court. About this booklet.

Part I

Common principles

According to the case-law of the Court

The Birds Directive

2.1. The method of transposing the Birds Directive. 2.2. Field governed by the Directive. Article 1. Article 2. Article 3. 2.3. Obligations of special conservation measures of species habitats: legal protection regime of special protection areas (SPA). 2.3.1. Classification of SPA and providing them with a legal protection. Article 4.1 and 4.2. 2.3.2. Avoidance of pollution or deterioration of habitats. Article 4.4. 2.4. Obligations of protection of species. 2.4.1. Gener al system of pro...

The Habitats Directive

3.1. The method of transposing the Habitats Directive. 3.2. Obligations of conservation of habitats: legal protection regime of proposed sites of Community importance (pSCI), sites of Community importance (SCI) and special areas of conservation (SAC). 3.2.1. pSCI - SCI - SAC: Article 4. 3.2.2. Avoidance of deterioration: Article 6.2. 3.2.3. Assessment of plans and projects and compensatory measures: Article 6.3 and 6.4. 3.2.4. Assessment of plans and projects and compensatory measures in SPA...

Part II

C-247/85, Commission v. Belgium

The list of birds which may be hunted. The list of protected birds. Protection of nests. The derogations regarding certain species of birds. The list of birds which may be kept and the capture of birds in small quantities. The transport of birds. Derogation for birds of a particular colour. Derogation for the prevention of damage.

C-252/85, Commission v. France

Failure to transpose Article 5(b) and (c). The term "national biological heritage". Failure to transpose Article 5(e). Failure to comply with Article 8(1).

C-262/85, Commission v. Italy

The list of birds which may be hunted. The marketing of birds. Hunting seasons. Use of automatic and semi-automatic weapons. The powers given to the regions to permit the capture and sale of migratory birds. The use of migratory birds as live decoys.

C-412/85, Commission v. Germany

C-57/89, Commission v. Germany - Leybucht

C-157/89, Commission v. Italy

Opening of the hunting season for four species as from 18 August. The opening of the hunting season for 19 species up until 28 February or 10 March

C-355/90, Commission v. Spain - Santoña Marshes

The obligation to classify the Santoña marshes as a SPA. The interpretation of Articles 3 and 4. The obligation to protect the Santoña marshes pursuant to Article 4(4). The industrial estates at Laredo and Colindres. The aquaculture facilities. The discharge of waste water.

C-435/92 (reference for a preliminary ruling) - Association pour la Protection des Animaux Sauvages and others

The first question. The second question. The third question.

C-44/95 (reference for a preliminary ruling) - Lappel Bank

The first question. The second question.

C-118/94 (reference for a preliminary ruling) - Regione Veneto

C-3/96, Commission v. Netherlands

C-10/96 (reference for a preliminary ruling) - ASBL

The first question. The second question

C-166/97, Commission v. France - Seine Estuary

The extent of the SPA. The legal protection regime of the SPA.

C-96/98, Commission v. France - Poitevin Marsh

The extent of the SPAs. The legal status of the protection of the SPAs already classified.

C-371/98 (reference for a preliminary ruling) - First Corporate Shipping

C-374/98, Commission v. France - Basses Corbières

The classification as an SPA. The disturbance and deterioration caused by the limestone quarries of Vingrau and Tautavel.

C-38/99, Commission v. France

The opening dates for hunting. Closing dates for hunting. Communication of the provisions for transposition of the Directive. Transposition of the second and third sentences of Article 7(4).

C-67/99, Commission v. Ireland

The first plea in law. The second plea in law.

C-71/99, Commission v. Germany

The first plea in law. The second plea in law.

C-220/99, Commission v. France

The first plea in law. The second plea in law.

C-103/00, Commission v. Greece - Caretta caretta on Zakinthos

Legislative provisions for the protection of the Caretta caretta species. Specific measures for the protection of the Caretta caretta species. The Greek Government does not dispute the accuracy of those findings.

C-117/00, Commission v. Ireland - Owenduff-Nephin Beg Complex

The plea of infringement of Article 3 of the Birds Directive. The plea alleging infringement of the first sentence of Article 4(4) of the Birds Directive and Article 6(2) of the Habitats Directive.