Spain hopes for fox-hunt let-off

Series Title
Series Details Vol.12, No.19, 18.5.06
Publication Date 18/05/2006
Content Type

Date: 18/05/06

Spaniards can hunt foxes without worrying about otters is the ruling likely to come from the European Court of Justice (ECJ) this week (18 May) - provided the court follows the opinion of its senior adviser issued last year.

The Luxembourg-based ECJ is to deliver its verdict on a European Commission claim that fox-hunting should not be allowed in parts of Spain protected by the habitats directive, because hunters might kill an otter.

Madrid is hoping to be let off the hook. An opinion last December from an advocate-general of the ECJ - generally a good indication of the ruling to come - argued that Spanish fox-hunting rules made it impossible "intentionally" to kill otters and so were not breaking European law.

Member states' poor record in complying with green legislation could however be highlighted on the same day, with four more advocate-general opinions due on environmental infringements.

The Commission has brought legal challenges against Germany, Italy and Luxembourg (two cases).

As Europe argues this week over whether or not the new CO2 emissions trading scheme (ETS) has been a success or not, Rome finds itself in the dock for failing to implement the rules needed for the scheme to work.

Luxembourg is being held to account for different energy problems, since it missed a 2004 deadline for adopting EU-wide rules for the internal market in natural gas.

The Grand Duchy is also accused of ignoring the 2000 framework directive on water policy.

Germany is also struggling with the habitats law that raised the fox and otter questions.

A Bavarian court asked the ECJ to explain whether motor-way plans could be blocked because they crossed a site Germany wanted to protect, even though the Commission had not yet added it to an official list of protected sites.

Article anticipates a judgement at the European Court of Justice looking into a claim by the European Commission that fox-hunting should not be allowed in parts of Spain protected by the habitats directive, because hunters might kill an otter.

Source Link http://www.european-voice.com/
Related Links
European Court of Justice: Case-Law: Search form: Case C-221/04 http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1473066165462&uri=CELEX:62004CJ0221

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