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Stadt Papenburg v. Bundesrepublik Deutschland

Country/Territory
European Union, Germany
Type of court
International court
Date
Jan 14, 2010
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Bonichot, J.C.
Timmermans, C.W.A.
Schiemann, K.
Klūris, P.
Bay Larsen, L.
Sharpston, E.
Reference number
C-226/08
Language
German
Subject
Environment gen., Wild species & ecosystems
Keyword
Standards Environmental standards Wild fauna Ecosystem preservation Environmental planning Wild flora
Abstract
Advocate General Sharpston presented her opinion in a reference for a preliminary ruling concerning the interpretation of the Habitats Directive. The case concerns the inclusion of parts of the river Ems in the draft list of sites of Community importance (SCIs) in the Atlantic region for which the Commission has requested the agreement of the Federal Government of Germany. Before the referring court, the municipality of Papenburg argued that its right to self-government, which is protected under Article 28(2) GG (German Basic Law), would be infringed by Germany agreeing, pursuant to the first subparagraph of Article 4(2) of the Habitats Directive, to the draft list of SCIs in the Atlantic region drawn up by the Commission. Advocate General advised the Court to interpret Article 4(2) of the Habitats Directive in a way that its scopedoes not allow a Member State to refuse to agree to the Commission's draft list of sites of Community importance on grounds other than nature conservation.
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