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Case C-47/23: Judgment of the Court (Third Chamber) of 14 November 2024 – European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(2) – Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats – Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network – Loss of area – No specific surveillance of natural habitats – General and structural failure – Article 4(1) – Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host – Regular updating of information relating to those sites)

ECLI:EU:UNKNOWN:62023CA0047

62023CA0047

November 14, 2024
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Official Journal of the European Union

C series

C/2025/129

13.1.2025

(Case C-47/23)

(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 6(2) - Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats - Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network - Loss of area - No specific surveillance of natural habitats - General and structural failure - Article 4(1) - Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host - Regular updating of information relating to those sites)

(C/2025/129)

Language of the case: German

Parties

Applicant: European Commission (represented by: C. Hermes and M. Noll-Ehlers, acting as Agents)

Defendant: Federal Republic of Germany (represented by: J. Möller and A. Hoesch, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that the Federal Republic of Germany has failed to fulfil its obligations under Article 6(2) 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, by failing in a general and structural manner to take appropriate steps to avoid the deterioration of habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network, listed in Annex I to Directive 92/43, as amended, in the sites designated for those habitat types;

2.Dismisses the action as to the remainder;

3.Orders the European Commission and the Federal Republic of Germany to bear their own costs.

OJ C 94, 13.3.2023.

ELI: http://data.europa.eu/eli/C/2025/129/oj

ISSN 1977-091X (electronic edition)

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