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Hunting

Wolf Protection Austria: Battle before the ECJ

The Vienna Animal Protection Association is fighting before the ECJ for the strict protection status of the wolf. The hearing concerns the interpretation of the Fauna-Flora-Habitat Directive.

Editorial team Wild beim Wild — 31 October 2023

Hearing at the European Court of Justice

On Wednesday, 25 October 2023, the Vienna Animal Protection Association was permitted to argue for the strict interpretation of the protection status of the wolf in a four-hour hearing at the European Court of Justice (ECJ) in Luxembourg.

The association is confident that the ECJ's review will be conducted objectively on the basis of wolf populations in other member states, all of which exhibit good to high wolf densities under comparable conditions and in which sheep farming in alpine pasture areas is simultaneously operated with economic success through shepherding and livestock guardian dogs.

Conservation status in Austria dismal

In response to the court's question as to why Austria had not submitted any data to the ECJ on favourable conservation status, the opposing party was forced to concede that no such status exists in Austria. The conservation status of the strictly protected wolf in Austria is dismal.

The representative of the EU Commission also indicated that it is simply “not acceptable” for a member state (Austria) to continuously grant exceptions to strict protection (through shooting permits) while invoking the favorable conservation status of the wolf in other countries. A clear rebuke directed at Austria.

Tyrol under argumentative pressure

The Advocate General asked the representative of the Tyrolean state government word for word: “Did you not conduct an individual case review simply because 61 alpine pastures were declared unprotectable? Is that really the way you proceed?” The Tyrolean state government found itself under argumentative pressure when asked why not even one of the 61 alpine pastures should be considered protectable.

The EU Council pointed out in its plea that there is "no objective justification for an exception for Austria regarding wolf protection in the Alpine regions".

On 18.01.24, the Advocate General will present her concluding submissions; a ruling by the ECJ can be expected in spring 2024!

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