Dokumente
Europa English Court of Justice of the European Union CJEU
30.05.2024
Opinion
Commission v Malta (Dérogation à des fins de recherche)
OPINION OF ADVOCATE GENERALĆAPETAdelivered on 30 May 2024 (1)Case C‑23/23 European Commissionv Republic of Malta(Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Live-capturing – Derogation regime allowing the capture of finches – Article 9(1)(b) – Research purpose derogation – Requirements – Clear and sufficient statement of reasons – Lack of a satisfactory alternative)I. Introduction 1. The falcon is not the only bird for whi...
OPINION OF ADVOCATE GENERALĆAPETAdelivered on 30 May 2024 (1)Case C‑23/23 European Commissionv Republic of Malta(Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Live-capturing – Derogation regime allowing the capture of finches – Article 9(1)(b) – Research purpose derogation – Requirements – Clear and sufficient statement of reasons – Lack of a satisfactory alternative)I. Introduction 1. The falcon is not the only bird for which Malta is renowned. (2) For centuries, in fact, it has had a tradition of trapping wild finches migrating over its territory. (3)2. In the European Union, wild finches are protected by the Birds Directive. (4) Embracing the immortal line of Sam Spade in The Maltese Falcon, ‘I don’t mind a reasonable amount of trouble’, during the accession negotiations, the Republic of Malta accepted to adjust its custom to the requirements of the Birds Directive by 2008. (5)3. In 2009, Malta therefore banned finch trapping. However, in 2014, it decided to use the derogation provided for under Article 9(1)(c) of the Birds Directive in order to allow the trapping of seven species of wild finches as a recreational activity. (6)4. In its judgment of 21 June 2018, Commission v Malta, (7) the Court found that that recreational regime failed to meet the conditions for that derogation. Of particular relevance for the present application, the Court considered that the lack of knowledge...
Angaben ohne Gewähr. Stand: 30.05.2024