May 11
2021
Anjum Shabbir
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20th November 2020
Consumer, Health & Environment Justice & Litigation

Hunting for fun: derogation from EU wild birds Directive for cultural reasons possible according to AG Kokott

Advocate General Kokott’s Opinion in environmental case Association One Voice, Ligue pour la protection des oiseaux v Ministre de la Transition écologique et solidaire (C‑900/19) was issued yesterday. She advises the Court to rule that keeping in place a traditional hunting method - using lime to trap birds - by virtue of a national French law for leisure purposes can be ‘judicious use’ of a bird species. This would justify a derogation under Article 9(1)(c) of Directive 2009/147 on the conservation of wild birds (the Directive specifically mentioning limes in an Annex). However, she emphasises that the other conditions of the derogation have to be fulfilled, including limiting the hunting to small numbers of the species concerned.

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