Implementation of rulings for nature conservation: Court of Justice of the European Union case studies

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Implementation of rulings for nature conservation: Court of Justice of the European Union case studies

28 September 2020
News
Legal proceedings before the Court of Justice of the European Union (CJEU), both in form of infringement proceedings and as preliminary references, have been a key tool for nature conservation.
They have set important precedents for interpreting and applying the Birds and Habitats Directives (jointly referred to as ‘BHD’ or ‘Nature Directives’) and have helped in shaping the EU’s environmental acquis. Often, this was only possible due to the time-consuming and persistent efforts of environmental NGOs.

A successful CJEU ruling for nature conservation is thus a great win. However, less is usually known about the actual effects of the judgments on the species and habitats in question.

This report therefore analyses the implementation and enforcement of cases concerning the Nature Directives to assess whether the judgments have led to the required improvements on the ground.

The report comprises selected case studies from 11 Member States. The main body of this report is comprised of a case-by-case analysis. For each case, it first provides the background to the case, followed by a short excerpt of the operative part of the judgment and thirdly the outcome of the follow up of the case. The last section of the report analyses the overall findings and seeks to draw some conclusions from this research. Based on the findings, recommendations are provided to ensure that all CJEU cases can be termed a win for nature conservation – both in law and in practice.