Declassification of sites under the Habitats Directive – Kokott AG resorts to Nemo Auditur in Cascina Tre Pini

gavc law - geert van calster

In Cascina Tre Pini, Case C-301/12, Kokott AG opined on 20 June last. The case concerns the possibility of declassification of a site as a special area of conservation, and the rights of owners of the site concerned in same. Classification as a special area of conservation evidently brings with it a variety of restrictions on the use of the land. Owners’ interest in declassification therefore may understandably be very high.

The fourth sentence of Article 4(1) of the Habitats Directive provides that ‘Where appropriate, Member States shall propose adaptation of the list in the light of the results of the surveillance referred to in Article 11.’ Article 9 of the Habitats Directive refers to the possibility of withdrawing the protected status of certain areas: ‘The Commission, acting in accordance with the procedure laid down in Article 21, shall periodically review the contribution of Natura 2000 towards achievement…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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