November 28
2021
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Trajan Shipley
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28th October 2021
Consumer, Health & Environment

Court of Justice clarifies distinction between ‘deterioration’ and ‘destruction’ under Habitats Directive

The Court of Justice delivered its judgment today in Magistrat der Stadt Wien (Grand hamster – II) (C-357/20), clarifying the distinction between the concepts of ‘deterioration’ and ‘destruction’ of a breeding site and/or a resting place under Article 12(1)(d) of Habitats Directive 92/43.

The case originated after an employee of a property developer was fined for having damaged and destroyed resting places and breeding sites on which European hamsters had settled. The fine was challenged on the grounds that the removal of the species from the construction site to other specially protected areas did not lead to the deterioration or destruction of resting places or breeding sites of that animal species.

In its judgment, the C

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