Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 16 October 2023 – MTÜ Eesti Suurkiskjad v Keskkonnaamet
(Case C-629/23, Eesti Suurkiskjad)
Language of the case: Estonian
Referring court
Riigikohus
Parties to the main proceedings
Applicant: MTÜ Eesti Suurkiskjad
Defendant: Keskkonnaamet
Questions referred
Must Article 14(1) of the Habitats Directive 1 be interpreted as requiring that favourable conservation status within the meaning of Article 1(i) be ensured in respect of a regional population of a species in a particular Member State where the measures referred to in that provision are adopted, or can the conservation status of the overall population in the territory of the Member States of the European Union be taken into account?
If account can be taken of the conservation status of the overall population in the territory of the Member States of the European Union, must the Habitats Directive be interpreted as requiring formal cooperation between the Member States to which the range of the population extends in order to conserve that population, or is it sufficient for the Member State adopting the measures referred to in Article 14 of the Habitats Directive to assess the situation of the population of the species in the other Member States concerned or lay down the conditions for doing so in a national management plan?
Can Article 1(i) of the Habitats Directive be interpreted as meaning that a regional population of a species classified in the ‘vulnerable’ (VU) category in accordance with the criteria of the IUCN Red List can have a favourable conservation status within the meaning of the Habitats Directive?
Can Article 1(i) of the Habitats Directive, in conjunction with Article 2(3) thereof, be interpreted as meaning that, when assessing the favourable conservation status of a species, account can also be taken of economic, social and cultural requirements and regional and local particularities?
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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).