Case C‑461/14

European Commission

v

Kingdom of Spain

(Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Special protection areas — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Directive 92/43/EEC — Conservation of natural habitats)

Summary — Judgment of the Court (Fifth Chamber), 24 November 2016

Environment—Conservation of natural habitats and of wild fauna and flora—Directive 92/43—Special protection areas—Obligation of the Member States to avoid the deterioration of natural habitats and the habitats of species—Burden of proof on the Commission—Scope—Requirement to establish the existence of a cause-and-effect relationship between a construction project and a disturbance caused to the species concerned—None

Environment—Conservation of wild birds—Directive 2009/147—Special conservation measures—Obligation of the Member States to take steps to avoid pollution or deterioration of habitats—Failure to fulfil obligations—Burden of proof on the Commission—Scope

Environment—Conservation of wild birds—Directive 2009/147—Special conservation measures—Obligations of the Member States—Area which is, or ought to be, classified as a special protection areas (SPA)—Obligation to take steps to avoid pollution or deterioration of habitats—Effects of implementation of Directive 92/43—Duality of the regimes applicable to areas which are or ought to be, classified as SPAs

Environment—Assessment of the effects of certain projects on the environment—Directive 85/337—Competent authorities obliged to carry out the assessment before they issue authorisation—Scope—Requirement to mention, in the assessment, the inclusion of the site in the list of areas of importance for the conservation of birds in Europe—None

Environment—Conservation of wild birds—Directive 2009/147—Classification as a special protection area—Obligation of the Member States—Failure to fulfil obligations—Criteria for assessment—Taking into consideration the list of areas of importance for the conservation of birds in Europe—Lawfulness

See the text of the decision. (see paras 26, 27)

See the text of the decision. (see para. 50)

The list of areas of importance for the conservation of birds in Europe, although not legally binding, can be used by the Court as a basis of reference for assessing whether a Member State has classified a sufficient number and size of areas as special protection areas. That publication provides an up-to-date list of the areas of importance for the conservation of birds in the Member State which, in the absence of scientific proof to the contrary, constitutes a basis of reference permitting an assessment to be made as to whether a Member State has classified areas of a sufficient number and size as special protection areas to protect all the bird species listed in Annex I to Directive 79/409 on the conservation of wild birds and the migratory species not listed in that annex. (see paras 51, 52)

However, Directive 85/337 on the assessment of the effects of certain public and private projects on the environment, does not contain any provision requiring the environmental impact assessment to state that a site affected by a project subject to such assessment is included in a list of areas of importance for the conservation of birds in Europe. (see para. 53)

See the text of the decision. (see paras 70, 71)

See the text of the decision. (see paras 77, 83)