Request for a preliminary ruling from the Verwaltungsgericht Wien (Austria) lodged on 31 July 2020 — IE v Magistrat der Stadt Wien
(Case C-357/20)
Language of the case: German
Referring court
Verwaltungsgericht Wien
Parties to the main proceedings
Applicant: IE
Defendant: Magistrat der Stadt Wien
Questions referred
How is the term ‘breeding site’ within the meaning of Article [12(1)(d)] of the Habitats Directive 1 to be understood, and how is a ‘breeding site’ to be differentiated spatially from other locations?
Which factors determine whether, and, if so, for how long, the existence of a breeding site is limited in time?
Which factors determine whether deterioration or destruction of a breeding site has been caused by a particular act or omission?
Which factors determine whether a ‘resting place’ within the meaning of Article [12(1)(d)] of the Habitats Directive has been caused to deteriorate or to be destroyed?
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1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) as last amended by Council Directive 2013/17/EU of 13 May 2013 adapting certain directives in the field of environment, by reason of the accession of the Republic of Croatia (OJ 2013 L 158, p. 193).