Protection of Special Areas of Conservation: EU Judgment in Case C-444/21 EU Commission v Ireland

Thursday 29th June 2023

Judgment in Case C-444/21 Commission v Ireland (Protection of Special Areas of Conservation)

(Environment)

Extract from the Advocate General’s Opinion:

‘The living world is a unique and spectacular marvel. … We rely entirely on this finely tuned life support machine and it relies on its biodiversity to run smoothly.’ Biodiversity not only has an intrinsic value, but it is also of utmost importance for human survival. According to the World Economic Forum, the possible consequences arising from biodiversity loss include, at least, food insecurity, exacerbation of climate change and risks to health, business and culture.

The European Union recognises problems that the loss of biodiversity might bring. Part of its fight to preserve biodiversity is the Habitats Directive.

The present infringement proceedings concern that directive. On the basis of Article 258 TFEU, the European Commission has brought an action against Ireland for failing to fulfil its obligations under Articles 4(4) and 6(1) of the Habitats Directive.

This is the third infringement action which has been brought before the Court – following the judgments of 5 September 2019, Commission v Portugal (Designation and protection of special areas of conservation), and of 17 December 2020, Commission v Greece – relating to the implementation of Articles 4(4) and 6(1) of the Habitats Directive. Two other actions of a similar type are also pending before the Court, and additional infringement procedures are ongoing.

Background Documents C-444/21