ECJ decision: protected areas without an environmental examination for Lower Saxony

ECJ decision: protected areas without an environmental examination for Lower Saxony

A groundbreaking judgment of the European Court of Justice (ECJ) brings a breath of fresh air to German environmental legislation! On October 17, 2024, the ECJ recognized that the Natura 2000 protection regulations in Germany does not have to be imposed on the implementation of a strategic environmental examination (SUP). This decision ensured that the responsible authorities were relieved, since it guarantees a smooth issue of protection regulations.

The Lower Saxony Higher Administrative Court had contacted the ECJ in a preliminary decision -making search, and the decision based on it could have far -reaching consequences. The crack nut? Protection regulations that show areas in accordance with the FFH directive do not have to be subjected to an additional environmental examination! This also applies to specific exemptions from prohibitions that are defined in these regulations. Specifically, it is about activities such as water entertainment, agriculture, fishing and forestry, which can now be continued without further bureaucratic hurdles.

important decision for Germany

for the Federal Republic of Germany, which in the procedure by the experienced Redeker lawyers Dr. Frank Fellenberg, Kathrin Dingemann and Dr. Dominik Römling was represented, this judgment is an important step. If the court had been decided differently, numerous protection regulations would have been classified as an uncontrollable Union law, which would have resulted in a major structural problem. The impending serious consequences and expensive healing procedures could be averted!

The Redeker Sellner Dah's lawyer society, which has been working in legal advice since 1929, has proven to be a competent partner. With over 150 lawyers at six locations and strong international networking, the law firm offers comprehensive legal support and at the same time promotes science and research through its "Konrad Redeker Foundation".

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This decision of the ECJ sends a clear signal - the protection of the environment must be hand in hand with practical usability. The future of German nature conservation regulations now has a clearer direction!