Case C-164/17: Judgment of the Court (Second Chamber) of 25 July 2018 (request for a preliminary ruling from the Supreme Court — Ireland) — Edel Grace, Peter Sweetman v An Bord Pleanála (Reference for a preliminary ruling — Environment — Directive 92/43/EC — Conservation of natural habitats and of wild fauna and flora — Article 6(3) and (4) — Assessment of the implications of a plan or project for a protected site — Plan or project not directly connected with or necessary to the management of the site — Wind farm project — Directive 2009/147/EC — Conservation of wild birds — Article 4 — Special Protection Area (SPA) — Annex I — Hen harrier (Circus cyaneus) — Suitable habitat fluctuating over time — Temporary or permanent reduction of the amount of appropriate land — Measures included in the project to ensure that, during the lifetime of the project, the amount of land that is in fact suitable for hosting the natural habitat of the species will not be reduced and indeed may be enhanced)
Date: 2018-07-25
Institutions: Court of Justice
Subjects: biotope, bird, development plan, environmental impact, industrial project, power plant, protected area, protection of animals, wind energy








C_2018328EN.01001601.xml










17.9.2018   


EN


Official Journal of the European Union


C 328/16






Judgment of the Court (Second Chamber) of 25 July 2018 (request for a preliminary ruling from the Supreme Court — Ireland) — Edel Grace, Peter Sweetman v An Bord Pleanála
(Case C-164/17) (1)

((Reference for a preliminary ruling - Environment - Directive 92/43/EC - Conservation of natural habitats and of wild fauna and flora - Article 6(3) and (4) - Assessment of the implications of a plan or project for a protected site - Plan or project not directly connected with or necessary to the management of the site - Wind farm project - Directive 2009/147/EC - Conservation of wild birds - Article 4 - Special Protection Area (SPA) - Annex I - Hen harrier (Circus cyaneus) - Suitable habitat fluctuating over time - Temporary or permanent reduction of the amount of appropriate land - Measures included in the project to ensure that, during the lifetime of the project, the amount of land that is in fact suitable for hosting the natural habitat of the species will not be reduced and indeed may be enhanced))
(2018/C 328/19)
Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings


Applicant: Edel Grace, Peter Sweetman

Defendant: An Bord Pleanála

Operative part of the judgment

Article 6 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, where it is intended to carry out a project on a site designated for the protection and conservation of certain species, of which the area suitable for providing for the needs of a protected species fluctuates over time, and the temporary or permanent effect of that project will be that some parts of the site will no longer be able to provide a suitable habitat for the species in question, the fact that the project includes measures to ensure that, after an appropriate assessment of the implications of the project has been carried out and throughout the lifetime of the project, the part of the site that is in fact likely to provide a suitable habitat will not be reduced and indeed may be enhanced may not be taken into account for the purpose of the assessment that must be carried out in accordance with Article 6(3) of the directive to ensure that the project in question will not adversely affect the integrity of the site concerned; that fact falls to be considered, if need be, under Article 6(4) of the directive.


(1)  OJ C 178, 6.6.2017.