Opinion of the Advocate General — ECLI:EU:C:2005:206
Date: 2005-04-07
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Summary of the Judgment Environment — Conservation of wild birds — Directive 79/409 — Opening and closing dates for hunting — Derogations — Conditions — Lack of any other satisfactory solution — Condition not met in the case of unnecessary coincidence with periods of particular protection provided for by the directive (Council Directive 79/409, Arts 7(4) and 9(1)(c)) Article 9(1)(c) of Directive 79/409 on the conservation of wild birds permits authorisation, in compliance with the conditions set out in that provision, for the hunting of species listed in Annex II to that directive during the periods referred to in Article 7(4) of that directive. The conditions which must be met for such a hunt to be authorised include the lack of any other satisfactory solution. That condition cannot be considered to have been satisfied when the hunting period under a derogation coincides, without need, with periods in which the directive aims to provide particular protection. There would be no such need 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 hunting periods fixed in accordance with Article 7 of the Directive. (see paras 17-19)