Brussels, 20/05/2010 (Agence Europe) - In the ruling on case C-308/08 Commission v Spain delivered on Thursday 20 May, the Court rejected the Commission's action, deciding that it had failed to prove that the upgrading of a transport link could result in the extinction of the Iberian lynx in the Doñana Park in Spain. It stated, however, that the overall situation in the site might not be satisfactory in the light of the requirements relating to conservation of the Iberian lynx.
The project at issue is for the upgrading of the country by-road which runs alongside the edge of the Doñana natural park in Andalusia and cuts through a section of it. The Park was placed on the list of sites of importance of the European environmental network “Natura 2000” in July 2006, and, as such, became bound by the provisions of the Habitats directive (directive 92/43/EEC). Approval of asphalting works in the project, which was adopted in 1999, was made conditional on the construction of wildlife crossings, the provision of appropriate road signs, and the erection of fencing along the length of the section crossing the forest area, that being the most favourable area for the conservation of the Iberian lynx. In addition, further corrective measures have been carried out gradually since 2004.
The Commission considered that the upgrading of the country road, in an area of particular sensitivity in relation to the survival of the Iberian lynx, would lead to the fragmentation of the habitat of that species and, above all, could expose young animals to the risk of being struck by a vehicle and killed. Consequently, the Commission brought infringement proceedings against Spain for failing to meet its obligations under the Habitats directive.
In its ruling the Court pointed out that, under the terms of the Habitats directive, member states must take appropriate protective measures to preserve the characteristics of sites of Community importance. Member states cannot therefore authorise intervention where there is a risk that the ecological characteristics of those sites will be seriously compromised as a result. The Court found, however, that it had not been proved that the upgrading of the country road, as such, had had a real impact on the habitat fragmentation of the Iberian lynx in the Doñana region. Moreover, it had not been proved that the implementation of the project for upgrading the country road had placed the Iberian lynx in great danger of being struck by vehicles (no Iberian lynx has been run over on that road since the additional corrective measures were implemented in November 2004). Although certain evidence in the case-file appeared to indicate that the overall situation in the Doñana site might not be satisfactory in the light of the requirements relating to conservation of the Iberian lynx - in particular, because of the relatively high number of cases in which animals of that priority species have died because of being struck by a vehicle - the evidence before the Court was not sufficient for it to find that the project for upgrading the country road, accompanied by the corrective measures, constituted in itself intervention of a kind which placed the Iberian lynx on the site concerned in danger of extinction and which, accordingly, risked seriously compromising the ecological characteristics of that site. The Court, therefore, dismissed the Commission's action. (F.G./transl.rt)