Judge warns on German breach of habitats law

Advisory opinion backs commission complaint that Germany failed to properly transpose EU directive

Germany is facing legal condemnation for incorrectly transposing into national law the EU habitats directive of 1992 if the European court of justice backs an advisory opinion released on Thursday. Advocate general Ruiz-Jarabo Colomer backed a European commission complaint that German law fails to require assessment of possible impacts on protected areas of certain development projects. In particular there is no requirement to assess air emissions from installations near such areas. Altogether Germany is accused of six infringements. See opinion in case C-98/03.

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