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The European Court of Justice has strengthened the protection of the European hamster in a new ruling. The background to the judgment is a request from the Vienna Administrative Court to interpret an EU directive.
Luxembourg – The European Court of Justice (ECJ) has further strengthened the protection of the habitat of the European hamsters, which are threatened with extinction. This emerges from a judgment of the ECJ published on Thursday (case C-357/20).
Accordingly, the term “breeding site” encompasses all areas that are necessary for the successful reproduction of an animal species – including the area surrounding the breeding site. In the case of the threatened European hamster, a different interpretation of the term could mean that the areas required for the reproduction and the birth of the young animals would not be protected, the ECJ found.
The background to the judgment is a request from the Vienna Administrative Court. It is about the interpretation of an EU species protection directive. Specifically, it is about construction work in Austria for which a construction road was laid. Not only was there no permit for this, they also destroyed entrances to hamster burrows. As a result, an administrative authority imposed a fine on the manager of the company commissioned with the construction. The latter then lodged a complaint with the administrative court.
In an earlier ruling on the case, the ECJ had already ruled that resting and breeding sites for field hamsters may not be destroyed even if the animals no longer use them, but may return there. The European hamster has been on the Red List as critically endangered since 2020 and could not survive for the next 30 years. Environmentalists see the main reason for the intensive agriculture, which robs the cute animals of their habitat.
In their new judgment, the judges have also clarified the differences between “damage” and “destruction” of a breeding site or resting place. Accordingly, it denotes the gradual reduction in ecological functionality or its complete loss – regardless of whether this is done on purpose. dpa
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