Opinion of the Advocate General — ECLI:EU:C:2006:150
Date: 2006-02-23
Language of the case: Portuguese
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Summary of the Judgment Environment – Conservation of wild birds – Directive 79/409 – Designation and definition of the boundaries of special protection areas (Council Directive 79/409, Art. 4(1) and (2)) The ornithological criteria laid down in paragraphs (1) and (2) of Article 4 of Directive 79/409 on the conservation of wild birds are to guide the Member States in designating and defining the boundaries of Special Protection Areas (SPAs). Accordingly, although the areas of an SPA may not provide a habitat for steppe-land birds, but do provide a habitat for other species of wild birds listed in Annex I to the Directive for whose protection that SPA has been designated, a Member State may not reduce the surface area of an SPA or alter its boundaries unless the areas excluded from the SPA are no longer the most suitable territories for the conservation of species of wild birds within the meaning of Article 4(1) of the Directive. (see paras 10, 12-13)