Case C-98/03, Commission v Germany

The ECJ gave judgement in the case of Commission v Germany (Case C-98/03) on 10 January 2006. The Court has held that Germany has failed to fulfil its obligations under Articles 6(3) and 6(4) and Articles 12, 13 and 14 of the Habitats Directive (Directive 92/43/EC) by failing to require compulsory assessment of the impact on the site, in respect of certain projects carried out outside special areas of conservation within the meaning of Article 4(1) of the Habitats Directive (Directive 92/43/EEC).

In particular Germany had breached the Directive by authorising emissions in a special area of conservation, irrespective of whether they are likely to have a significant effect on that area, by derogating from the scope of the provisions concerning the protection of species in the case of certain non-deliberate effects on protected animals, by failing to ensure compliance with the criteria for derogation set out in Article 16 of Directive 92/43 in the case of certain activities compatible with the conservation of the area, by retaining provisions on the application of pesticides which do not take sufficient account of the protection of species, and by failing to ensure that legislation on fishing contains adequate bans on catches.

The full text of the judgement is available in English here.

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