Criminal proceedings against Godefridus van der Feesten. (Environment) [1996] EUECJ C-202/94 (8 February 1996)

Criminal proceedings against Godefridus van der Feesten. (Environment) [1996] EUECJ C-202/94 (8 February 1996)

Directive 79/409/EEC applies to bird subspecies which occur naturally in the wild only outside the European territory of the Member States if the species to which they belong or other subspecies of that species occur naturally in the wild within the territory in question.

Citation
[1996] EUECJ C-202/94
Parties
Defendant: Mr van der Feesten; Prosecutor: Public Prosecutor (Netherlands)
Jurisdiction
European Union
Judgment Date
08 February 1996
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court
Outcome
Preliminary ruling issued; Directive applies as interpreted.
Legal Topics
Interpretation of Directive 79/409/eec, Scope of Bird Protection Under EU Law, Application to Subspecies, Transposition of EU Directives, Wildlife Conservation
European Union Law Environmental Law Criminal Law Interpretation of Directive 79/409/eec Scope of Bird Protection Under EU Law Application to Subspecies Transposition of EU Directives Wildlife Conservation

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Parties

Mr van der Feesten

Defendant

Public Prosecutor (Netherlands)

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From National Court

Legal Issues

  1. 1 Does Directive 79/409/EEC apply to bird subspecies not occurring naturally in the wild in the European territory of the Member States if the main species or other subspecies do occur?
  2. 2 Does indistinguishability of subspecies affect the Directive's application?
  3. 3 Does importation from another Member State with different measures affect the application of stricter national measures?

Ratio Decidendi

Directive 79/409/EEC applies to bird subspecies which occur naturally in the wild only outside the European territory of the Member States if the species to which they belong or other subspecies of that species occur naturally in the wild within the territory in question.

Court Disposition

Preliminary ruling issued; Directive applies as interpreted.

Orders

  • Directive 79/409/EEC applies to bird subspecies which occur naturally in the wild only outside the European territory of the Member States if the species to which they belong or other subspecies of that species occur naturally in the wild within the territory in question.