Official Journal of the European Union

C series

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C/2025/4125

(Case C-629/23,

(1)

Eesti Suurkiskjad)

(Reference for a preliminary ruling - Conservation of natural habitats and of wild fauna and flora - Directive 92/43/EEC - First subparagraph of Article 1(i) - Conservation status of a species - Concept - Article 14 - Management measures - Taking in the wild and exploitation compatible with the maintenance or restoration of the species at a favourable conservation status - Second subparagraph of Article 1(i) - Assessment whether the conservation status of the species concerned is favourable - Cumulative conditions - Canis lupus (wolf) - Classification in the ‘vulnerable’ category of the International Union for Conservation of Nature’s ‘Red List’ - Animal species forming part of a population whose natural range extends beyond the territory of a Member State - Taking account of exchanges with populations of the same species present in neighbouring Member States or in third countries - Article 2(3) - Taking account of economic, social and cultural requirements and regional and local characteristics)

(C/2025/4125)

Language of the case: Estonian

Referring court

Parties to the main proceedings

Applicant and appellant in the appeal on a point of law: MTÜ Eesti Suurkiskjad

Defendant and respondent in the appeal on a point of law: Keskkonnaamet

Interested party: Keskkonnaagentuur

Operative part of the judgment

1.Article 1(i) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013,

must be interpreted as meaning that:

—classification in the ‘vulnerable’ (VU) category of the Red List of endangered species of the International Union for Conservation of Nature (IUCN) of the population of an animal species present within the territory of a Member State does not preclude the conservation status of that species, within the territory of that Member State, from being taken as ‘favourable’ within the meaning of that provision;

—the favourable conservation status of that species must exist and be assessed, in the first place and necessarily, at local and national level. However, in the context of the assessment, with a view to the adoption of management measures under Article 14(1) of Directive 92/43, as amended, of whether the conservation status of an animal species that is part of a population whose natural range extends beyond the territory of that Member State is ‘favourable’ within the meaning of Article 1(i), that Member State may take into consideration the exchanges between, on the one hand, the population of the species concerned present within its territory and, on the other, the populations of that species present in the neighbouring Member States or third countries. For the purpose of assessing the relevance to be attached to such exchanges, the Member State concerned must take into account, in particular, any foreseeable and probable change capable of affecting those exchanges, the level of legal protection guaranteed by those other Member States and third countries, and the extent to which the respective competent authorities are cooperating.

2.Article 1(i) of Directive 92/43, as amended by Council Directive 2013/17, read in conjunction with Article 2(3) of Directive 92/43, as amended,

must be interpreted as meaning that, in the context of the assessment of the conservation status of an animal species with a view to the adoption, under Article 14 of Directive 92/43, as amended, of management measures, account may be taken of economic, social and cultural requirements and regional and local characteristics, within the meaning of Article 2(3) of that directive, since those requirements and characteristics are influences acting on the species concerned that may affect the long-term distribution and abundance of its populations within the territory referred to in Article 2(1) of Directive 92/43, as amended. Nevertheless, the conservation status of that species cannot be taken as favourable owing to those requirements and characteristics if the three cumulative conditions laid down in the second subparagraph of Article 1(i) are not satisfied.

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(1) OJ C, C/2023/1439.

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ELI: http://data.europa.eu/eli/C/2025/4125/oj

ISSN 1977-091X (electronic edition)

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