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Società Italiana Dragaggi SpA v. Ministero delle Infrastrutture e dei Trasporti Regione Autonoma del Friuli Venezia Giulia

Country/Territory
European Union, Italy
Type of court
International court
Date
Jan 13, 2005
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Timmermans, C.W.A.
Gulmann (Rapporteur), C.
Puissochet, J.-P.
Colneric, N.
Kokott,, J.
Cunha Rodrigues, J.N.
Reference number
C-117/03
Language
Italian
Subject
Land & soil, Environment gen., Forestry
Keyword
Standards Forest management/forest conservation Environmental security Environmental standards Wild fauna Forestry protection measures Ecosystem preservation Protected area Wild flora
Abstract
The Habitat directive's protection mechanisms - such as obligatory impact assessments ex art. 6 - do not apply to sites only nominated for inclusion in the Natura 2000 network, but not yet formally endorsed as such. At the same time, the ECJ stresses that if sites are eligible for identification as sites of Community importance and are included in the national lists transmitted to the Commission and, in particular, these sites are hosting priority natural habitat types or priority species, the Member States are, by virtue of the directive, required to take protective measures that are appropriate, from the point of view of the Directive’s conservation objective, for the purpose of safeguarding the relevant ecological interest which those sites have at the national level. The ECJ fails to identify a concrete legal basis from the Habitat directive from which this legal obligation stems. Also, the link that is made between on the one hand the directive's conservation objective - which is primary of a European nature - and on the other hand the national ecological interest in safeguarding a site not yet formally endorsed as a part of Natura 2000 does not seem to give the national judge much guidance.
Full text
liste.jsf

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