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Journal of Environmental Law Advance Access originally published online on January 7, 2009
Journal of Environmental Law 2009 21(1):59-85; doi:10.1093/jel/eqn028
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

The European Commission's Opinions under Article 6(4) of the Habitats Directive

Ludwig Krämer*

*College of Europe, Bruges, Belgium (kramer.ludwig{at}belgacom.net).


  Abstract

The contribution examines the Opinions which the European Commission has issued so far under Article 6(4) of Directive 92/43 (Habitats Directive). It examines Member States' reasoning for justifying the application of Article 6(4) of the Habitats Directive in the light of the European Court of Justice rulings, and comes to the conclusion that probably not one of the cases submitted would have been accepted by the Court.

Key Words: Commission Opinions • Article 6(4) • Habitats Directive 92/43 • compensation measures • impact assessment


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