Judgment of the Court (Third Chamber) of 14 November 2024.European Commission v Federal Republic of Germany.Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(2) – Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats – Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network – Loss of area – No specific surveillance of natural habitats – General and structural failure – Article 4(1) – Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host – Regular updating of information relating to those sites.Case C-47/23.

This judgment concerns a case brought by the European Commission against Germany regarding the protection of natural habitats, specifically lowland and mountain hay meadows protected under the EU Habitats Directive.The Court found Germany failed to properly protect these habitats in two key ways:

• There were significant losses of protected meadow areas across numerous sites in Germany, with losses of up to 49-51% in affected areas
• Germany failed to implement adequate surveillance and legally binding protective measures against harmful practices like over-fertilization and early mowing

The main provisions examined by the Court were:

• Article 6(2) of the Habitats Directive requiring Member States to take appropriate steps to avoid deterioration of natural habitats in special conservation areas
• Article 4(1) regarding Member States’ obligations to provide and update information about protected sites

The Court ruled that Germany violated Article 6(2) by failing to take appropriate protective measures, but rejected the Commission’s claim about information updating requirements under Article 4(1). The judgment clarifies Member States’ obligations regarding active protection and monitoring of natural habitats under EU environmental law.