Opinion of the Advocate General — ECLI:EU:C:2003:248
Date: 2003-05-06
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Reference for a preliminary ruling
Origin: France

SUMMARY — CASE C-182/02 
Summary of the Judgment 
1. Environment — Conservation of wild birds — Directive 79/409 — Opening and 
closing dates for hunting — Derogations — judicious use of certain birds in small 
numbers — Hunting of wild birds for recreational purposes — Included 
(Council Directive 79/409, Arts 7(4) and 9(l)(c)) 
2. Environment — Conservation of wild birds — Directive 79/409 — Opening and 
closing dates for hunting — Derogations — Judicious use of certain birds in small 
numbers — Conditions 
(Council Directive 79/409, Art. 9(1) (c)) 
1. Article 9(l)(c) of Directive 79/409 on 
the conservation of wild birds permits a 
Member State to derogate from the 
opening and closing dates for hunting 
which follow from consideration of the 
objectives set out in Article 7(4) of that 
directive. In that connection, the hunt­
ing of wild birds for recreational pur­
poses during the periods mentioned in 
Article 7(4) of the Directive may con­
stitute a judicious use of certain birds 
in small numbers authorised by 
Article 9(l)(c) of that directive, as do 
the capture and sale of wild birds even 
outside the hunting season with a view 
to keeping them for use as live decoys 
or to using them for recreational pur­
poses in fairs and markets. 
(see paras 11-12, operative part 1) 
2. Article 9 of Directive 79/409 on the 
conservation of wild birds must be 
interpreted as allowing hunting to be 
authorised pursuant to Article 9(l)(c) 
where there is no other satisfactory 
solution. That condition would not be 
met, inter alia, if the sole purpose of the 
derogation authorising hunting were to 
extend the hunting periods for certain 
species of birds in territories which 
they already frequent during the hunt­
ing periods fixed in accordance with 
Article 7 of the Directive. 
Further, hunting must be carried out 
under strictly supervised conditions 
and on a selective basis and must apply 
only to certain birds in small numbers. 
The latter condition cannot be satisfied 
if a hunting derogation does not ensure 
the maintenance of the population of 
the species concerned at a satisfactory 
level. If that condition is not fulfilled, 
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LIGUE POUR LA PROTECTION DES OISEAUX AND OTHERS 
the use of birds for recreational hunting 
cannot, in any event, be considered 
judicious and, accordingly, acceptable 
for the purposes of the directive. 
Finally, the measures under which 
hunting is authorised must specify the 
species which are subject to the dero­
gations, the means, arrangements or 
methods authorised for capture or kill­
ing, the conditions of risk and the 
circumstances of time and place under 
which such derogations may be 
granted, the authority empowered to 
declare that the required conditions 
obtain and to decide what means, 
arrangements or methods may be used, 
within what limits and by whom, and 
the controls which will be carried out. 
(see paras 15, 17-19, operative part 2) 
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