Case C-784/23, Voore Mets and Lemeks Põlva: Judgment of the Court (Fifth Chamber) of 1 August 2025 (request for a preliminary ruling from the Riigikohus – Estonia) – OÜ Voore Mets, AS Lemeks Põlva v Keskkonnaamet (Reference for a preliminary ruling – Environment – Directive 2009/147/EC – Conservation of wild birds – Article 5 – Prohibitions to ensure the protection of birds – Article 9 – Derogations – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Prohibition on felling trees during the period of bird breeding and rearing)
Date: 2025-08-01
Institutions: Court of Justice
Subjects: EU environmental policy, bird, deforestation, protection of animal life








C_202505180EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5180


6.10.2025






Judgment of the Court (Fifth Chamber) of 1 August 2025 (request for a preliminary ruling from the Riigikohus – Estonia) – OÜ Voore Mets, AS Lemeks Põlva v Keskkonnaamet


(Case C-784/23,
                (1)
Voore Mets and Lemeks Põlva)

(Reference for a preliminary ruling - Environment - Directive 2009/147/EC - Conservation of wild birds - Article 5 - Prohibitions to ensure the protection of birds - Article 9 - Derogations - Articles 16 and 17 of the Charter of Fundamental Rights of the European Union - Prohibition on felling trees during the period of bird breeding and rearing)
(C/2025/5180)
Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings


Applicants: OÜ Voore Mets, AS Lemeks Põlva

Defendant: Keskkonnaamet

Operative part of the judgment







1.


Article 5(a), (b) and (d) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds
must be interpreted as meaning that only the prohibition laid down in Article 5(d) applies in so far as it is necessary to prevent disturbances which would have a significant effect on the objective, referred to in Article 2 of that directive, of maintaining populations of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaties apply at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or of adapting the population of these species to that level. By contrast, the application of the prohibitions laid down in Article 5(a) and (b) of that directive is not subject to such a condition, even where the purpose of the human activity concerned is different from the capture or killing of birds or the destruction of, or damage to, their nests and eggs.










2.


Article 5(a), (b) and (d) of Directive 2009/147
must be interpreted as meaning that, where it can be assumed, on the basis of scientific data and observation of the various birds, that approximately 10 pairs of birds per hectare are nesting in a forest which is to be completely cleared (clear-cutting) or where only some of the trees are to be felled (shelterwood cutting), without it having been established that individuals of bird species which have an unfavourable conservation status are nesting in the felling area, the carrying out of such felling during the period of bird breeding and rearing is covered by the prohibitions set out in Article 5(a) and (b) of that directive and, in so far as the disturbance which they entail would have a significant effect on the objective of maintaining populations of the bird species concerned at a satisfactory level or adapting them to that level, by the prohibition laid down in Article 5(d) of that directive.






(1)  OJ C, C/2024/1675.


ELI: http://data.europa.eu/eli/C/2025/5180/oj
ISSN 1977-091X (electronic edition)