# C_2022002EN.01001001.xml

| 3.1.2022 | EN | Official Journal of the European Union | C 2/10 |
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3.1.2022

EN

Official Journal of the European Union

C 2/10

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Judgment of the Court (Second Chamber) of 28 October 2021 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — IE v Magistrat der Stadt Wien

(Case C-357/20) (1)

(Reference for a preliminary ruling - Conservation of natural habitats and of wild fauna and flora - Directive 92/43/EEC - Article 12(1) - System of strict protection for animal species - Annex IV(a) - European hamster (Cricetus cricetus) - Resting places and breeding sites - Deterioration or destruction)

(2022/C 2/13)

Language of the case: German

Referring court

Verwaltungsgericht Wien

Parties to the main proceedings

Applicant: IE

Defendant: Magistrat der Stadt Wien

Operative part of the judgment

| 1. | Article 12(1)(d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that the term ‘breeding site’, referred to in that provision, also includes the surroundings of that site where those surroundings are necessary for the protected animal species listed in Annex IV(a) to that directive, such as the European hamster (Cricetus cricetus), to reproduce successfully; |
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1.

Article 12(1)(d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that the term ‘breeding site’, referred to in that provision, also includes the surroundings of that site where those surroundings are necessary for the protected animal species listed in Annex IV(a) to that directive, such as the European hamster (Cricetus cricetus), to reproduce successfully;

| 2. | Article 12(1)(d) of Directive 92/43 must be interpreted as meaning that the breeding sites of a protected animal species must enjoy protection for as long as is necessary in order for that animal species successfully to reproduce, as a result of which that protection also extends to breeding sites which are no longer occupied where there is a sufficiently high probability that that animal species will return to those sites; |
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2.

Article 12(1)(d) of Directive 92/43 must be interpreted as meaning that the breeding sites of a protected animal species must enjoy protection for as long as is necessary in order for that animal species successfully to reproduce, as a result of which that protection also extends to breeding sites which are no longer occupied where there is a sufficiently high probability that that animal species will return to those sites;

| 3. | Article 12(1)(d) of Directive 92/43 must be interpreted as meaning that the concepts of ‘deterioration’ and ‘destruction’, referred to in that provision, must be interpreted as meaning, respectively, the progressive reduction of the ecological functionality of a breeding site or resting place of a protected animal species and the total loss of that functionality, irrespective of whether or not such harm is intentional. |
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3.

Article 12(1)(d) of Directive 92/43 must be interpreted as meaning that the concepts of ‘deterioration’ and ‘destruction’, referred to in that provision, must be interpreted as meaning, respectively, the progressive reduction of the ecological functionality of a breeding site or resting place of a protected animal species and the total loss of that functionality, irrespective of whether or not such harm is intentional.

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(1)  OJ C 359, 26.10.2020.

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