# C_2023155EN.01001401.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/14 |
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2.5.2023

EN

Official Journal of the European Union

C 155/14

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Judgment of the Court (Second Chamber) of 2 March 2023 — European Commission v Republic of Poland

(Case C-432/21) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 6(1) to (3), Article 12(1)(a) to (d), Article 13(1)(a) and Article 16(1) - Directive 2009/147/EC - Conservation of wild birds - Article 4(1), Article 5(a), (b) and (d) and Article 9(1) - Forest management based on good practice - Forest management plans - Aarhus Convention - Access to justice - Article 6(1)(b) and Article 9(2) - Examination of the lawfulness, as regards the substance and procedure, of forest management plans - Right of environmental organisations to bring an action)

(2023/C 155/16)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: M. Brauhoff, G. Gattinara, C. Hermes and D. Milanowska, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by adopting Article 14b(3) of the ustawa o lasach (Law on forests), of 28 September 1991, as amended by the ustawa o zmianie ustawy o ochronie przyrody oraz ustawy o lasach (Law amending the Law on nature protection and the Law on forests), of 16 December 2016, which provides that forest management implemented in accordance with the requirements of good forest management practice does not infringe the provisions relating to the conservation of specific natural resources, formations and components, in particular the provisions of Article 51 and 52 of the ustawa o ochronie przyrody (Law on nature protection), of 16 April 2004, the Republic of Poland has failed to fulfil its obligations under Article 6(1) and (2), Article 12(1), Article 13(1)(a) and Article 16(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013, and Article 4(1), Article 5(a), (b) and (d) and Article 9(1) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as amended by Directive 2013/17; |
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1.

Declares that, by adopting Article 14b(3) of the ustawa o lasach (Law on forests), of 28 September 1991, as amended by the ustawa o zmianie ustawy o ochronie przyrody oraz ustawy o lasach (Law amending the Law on nature protection and the Law on forests), of 16 December 2016, which provides that forest management implemented in accordance with the requirements of good forest management practice does not infringe the provisions relating to the conservation of specific natural resources, formations and components, in particular the provisions of Article 51 and 52 of the ustawa o ochronie przyrody (Law on nature protection), of 16 April 2004, the Republic of Poland has failed to fulfil its obligations under Article 6(1) and (2), Article 12(1), Article 13(1)(a) and Article 16(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013, and Article 4(1), Article 5(a), (b) and (d) and Article 9(1) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as amended by Directive 2013/17;

| 2. | Declares that, by failing to adopt all the legislative provisions necessary to ensure that environmental organisations are able to apply to a court for effective review of the substantive and procedural legality of forest management plans, within the meaning of the provisions of the Law on forests, the Republic of Poland has failed to fulfil its obligations under Article 6(3) of Directive 92/43, as amended by Directive 2013/17, read in conjunction with Article 6(1)(b) and Article 9(2) of the Convention on access to information, public participation in decision-marking and access to justice in environmental matters, signed at Aarhus on 25 June 1998 and approved on behalf of the European Community by Council Decision 2005/370/EC of 17 February 2005; |
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2.

Declares that, by failing to adopt all the legislative provisions necessary to ensure that environmental organisations are able to apply to a court for effective review of the substantive and procedural legality of forest management plans, within the meaning of the provisions of the Law on forests, the Republic of Poland has failed to fulfil its obligations under Article 6(3) of Directive 92/43, as amended by Directive 2013/17, read in conjunction with Article 6(1)(b) and Article 9(2) of the Convention on access to information, public participation in decision-marking and access to justice in environmental matters, signed at Aarhus on 25 June 1998 and approved on behalf of the European Community by Council Decision 2005/370/EC of 17 February 2005;

| 3. | Orders the Republic of Poland to pay the costs. |
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3.

Orders the Republic of Poland to pay the costs.

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(1)  OJ C 452, 8.11.2021.

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