ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.
The setting of stopped snares was said to have endangered the lives of the otter.
Held: ‘For the condition as to ‘deliberate’ action in Article 12(1)(a) of the Directive to be met, it must be proven that the author of the act intended the capture or killing of a specimen belonging to a protected animal species or, at the very least, accepted the possibility of such capture or killing.’
Citations:
C-221/04, [2006] EUECJ C-221/04, [2005] Env LR 20
Links:
Statutes:
Cited by:
Cited – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.
European, Environment, Animals
Updated: 06 July 2022; Ref: scu.241906
