Thu. Sep 19th, 2024
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Erhaltung besonderer Schutzgebiete: Urteil des EU Gerichtshofs in der Rechtssache C-116/22 EU-Kommission / Deutschland
21 September 2023
Donnerstag, 21. September 2023
Urteil des Gerichtshofs in der Rechtssache C-116/22 Kommission / Deutschland (Erhaltung besonderer Schutzgebiete)
Umsetzung der Habitatrichtlinie
Die vorliegende Rechtssache betrifft die Umsetzung der Verpflichtungen Deutschlands gemäß der Habitatrichtlinie, welche die Erhaltung der biologischen Vielfalt auf dem Gebiet der Europäischen Union zum Ziel hat.
Die Kommission hat eine Liste von Gebieten mit gemeinschaftlicher Bedeutung (GGB) im deutschen Hoheitsgebiet erstellt.
Nach Ermittlungen richtete die Kommission am 27. Februar 2015 ein Aufforderungsschreiben an Deutschland, in dem sie darlegte, dass dieser Mitgliedstaat es unter Verstoß gegen seine Verpflichtungen aus der Habitatrichtlinie unterlassen habe, eine Reihe von GGB als besondere Schutzgebiete (BSG) auszuweisen und die erforderlichen Erhaltungsmaßnahmen festzulegen. Außerdem missachte Deutschland seine Verpflichtung, hinreichend spezifische Erhaltungsziele zu definieren.
Deutschland antwortete auf das Aufforderungsschreiben und teilte seine Fortschritte bei der Ausweisung von BSG und der Festlegung von Erhaltungsmaßnahmen mit.
Da die Kommission der Auffassung war, dass Deutschland seinen Verpflichtungen auch bis 2020 nicht nachgekommen sei, hat sie die vorliegende Klage beim Gerichtshof erhoben.
In ihren Schlussanträgen schlägt Generalanwältin Ćapeta dem Gerichtshof vor, festzustellen, dass Deutschland dadurch gegen seine Verpflichtungen aus der Habitatrichtlinie verstoßen hat, dass es für 88 der 4 606 in Rede stehenden Gebiete keine Erhaltungsziele festgelegt hat. Ansonsten empfiehlt sie dem Gerichtshof, die zweite Rüge der Kommission im Übrigen zurückzuweisen.
Details
- Date:
- 21 September 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-116/22, Germany, habitats
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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