19. Oktober 2023 | NEWSFLASH Umweltrecht

English Summary

Tyrolean wolves end up before the ECJ: News regarding the preliminary ruling procedure

In connection with a complaint concerning the removal of a wolf, with the genetic identification 158 MATK in Tyrol, the Regional Administrative Court has appealed to the European Court of Justice (ECJ). The Court has referred a number of questions regarding the legal interpretation of the Habitats Directive to it. The negotiation on this, which is attracting a great deal of interest from the other member states, took place in Luxembourg on October 25, 2023.

In view of this, ÖKOBÜRO - Alliance of the Environmental Movement and WWF Austria clarify once again that the killing of strictly protected species, such as the wolf, is already possible under the Habitats Directive. However, since the killing of individuals represents the strongest possible interference, other alternatives (e.g. education oft he population, herd protection measures) have to be examined particularly closely. The Austrian practice is severely deficient and violates the applicable EU species protection law.

Right to receive environmental information: Success before the Regional Administrative Court in Upper Austria

In connection with the rejection of an application for environmental information, the two applicants ÖKOBÜRO - Alliance of the Environmental Movement and WWF Austria have achieved a success: The competent administrative court has ruled, on the basis of their complaint filed against it, that the province of Upper Austria must release the requested information.  

The ruling is an important step towards more transparency and legal certainty.