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Commission of the European Communities v. Republic of Austria

Country/Territory
Austria, European Union
Type of court
International court
Date
Mar 26, 2006
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Kokott, J.
Reference number
T-209/04
Language
German
Subject
Environment gen.
Keyword
Wild fauna Wild flora Birds EIA
Abstract
The Commission has ruled Austria guilty of breaching the Wild Birds Directive 79/409/EEC, because it had not designated the areas of Soren en Gleggen-Köblern as SPAs, Special Protected Areas. Austria was not condemned for breaching the Habitats Directive of 1992 even though the Commission had claimed it had, because Austria had allowed the construction of a highway near the sites. The ECJ reasoned, like it had in previous EIA-cases, that the fact that the plans for the highway already existed before Austria’s accession to the EU in 1995, this precluded the directive from being applicable in this case.
Full text
Commission of the European Communities v. Republic of Austria 20060323 english.pdf
Website
curia.europa.eu

References

Cites

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora

Legislation | European Union | 1992

Keyword: Protected area, Biodiversity, Protection of habitats, Wild fauna, Wild flora, Management/conservation, Endangered species, Hunting/capture, Hunting gear/hunting methods, Ecosystem preservation, Data collection/reporting, Protection of species

Source: FAO, FAOLEX

Council Directive 79/409/EEC on the conservation of wild birds.

Legislation | European Union | 1979 (2003) | Repealed

Keyword: Birds, Hunting/capture, Endangered species, Management/conservation, Protection of habitats, Hunting gear/hunting methods, Protection of species

Source: FAO, FAOLEX