Environmental protection — Special protection area — Authorities giving permission for golf course extension — Whether compliance with requirements of EC law — Article 6(3) and (4) of Council Directive 92/43 (Habitats Directive) — Claim allowed
The government of the Austrian province of Styria authorised an extension to a golf course at Weissenbach, in the district of Wörschach, by the creation of two new holes on a site classified as a special protection area (SPA).
The European Commission issued a reasoned opinion, in which it stated that an expert’s report obtained by the Styrian authorities showed that the planned extension posed a significant threat to the corncrake population. After considering a further study, the Commission concluded that elements of the corncrake’s habitat would be destroyed by the extension. It found that the authorisation had been given in breach of the requirements of Article 6(3) and 6(4) of Council Directive 92/43/EEC (the Habitats Directive). The Austrian government maintained that no breach of EC law had occurred and that the extension was not likely to have significant effects upon the site within the meaning of Article 6(3). The Commission brought an action under Article 226 of the EC Treaty for a declaration that Austria had failed to fulfil its obligations.
Held: The claim was allowed.
Having regard to the report obtained by the Austrian authorities, those authorities were not justified in asserting that the planned extension would neither significantly disturb the corncrake population in the SPA nor adversely affect the integrity of that SPA.
The decision to authorise the extension had not been adopted in compliance with the requirements of Article 6(3) of the Habitats Directive, and the conditions laid down by Article 6(4) had not been fulfilled. By authorising the extension despite a negative assessment of its implications for the habitat of the corncrake within the SPA, Austria had failed to fulfil its obligations under those provisions, in conjunction with Article 7.
JC Schieferer, acting as agent, appeared for the applicant, the Commission of the European Communities; C Pesendorfer, acting as agent, appeared for the defendant, the Republic of Austria.
Sally Dobson, barrister
