Common Hamsters Have a Right to Habitat

The European Court of Justice (ECJ) has further strengthened the protection of the habitat of the endangered common hamster .

This follows from a ruling published by the ECJ on Thursday (Case C-357/20). According to the ruling, the term “breeding site” encompasses all areas necessary for the successful reproduction of a species – including the surrounding environment of the breeding site. In the case of the endangered common hamster, any other interpretation of the term could result in the areas required for reproduction and the birth of young animals not being protected, the ECJ found.

The background to the ruling is a request from the Vienna Administrative Court concerning the interpretation of an EU species protection directive. Specifically, it concerns construction work in Austria for which a construction road was built – work that not only lacked the required permits but also destroyed entrances to hamster burrows.

Common Hamster Listed as Endangered Since 2020

In an earlier ruling on the case, the ECJ had already decided that resting and breeding sites of common hamsters may not be destroyed even if the animals are no longer using them but might potentially return. The common hamster has been classified as endangered on the Red List since 2020 and may not survive the next 30 years. Environmentalists cite above all the deadly chemical-industrial agriculture as the main reason, which deprives these endearing animals of their habitat .

In their new ruling, the judges also clarified the distinction between the “damage” and the “destruction” of a breeding or resting site. This refers to the gradual reduction of ecological functionality or its complete loss – regardless of whether this occurs intentionally.