European Court of Justice - Verdict: Hunting ban also valid in Austria
In Austria, a wolf hunting ban practiced for approximately two years has faced strong legal opposition. The European Court of Justice (ECJ) declared today in a ruling that the wolf hunting ban is valid in Austria.
"An exception to this ban for the purpose of preventing economic damages can only be granted if the wolf population is in a favorable conservation status, which is not the case in Austria," the court in Luxembourg stated. The wolf is - regardless of exceptions in other countries - strictly protected under the Habitats Directive (FFH).
The court ruled in the case of a so-called problem wolf, which allegedly killed around 20 sheep in the federal state of Tyrol and had been given permission to be hunted.
Reaction in Tyrol: no immediate impact
In an initial reaction, the Tyrolean Agriculture Minister Josef Geisler (ÖVP) stated that the court ruling had no immediate effects but "unfortunately also brings no easing." The hunting regulations had been upheld. "Under strict examination, we can continue to remove harmful and risky wolves," Geisler added. The regulations were individual case decisions that also took into account the specifics of the Alpine agriculture.
Since the previous year, according to a review by the Austrian Bear, Wolf, and Lynx Center, a total of 20 problem wolves have been shot in Austria. These wolves were primarily animals that had previously killed sheep. A risk wolf is an animal that approaches human settlements and refuses to leave.
According to the center, 104 wolves were detected in Austria in the previous year. Most of these were transient wolves that did not permanently hunt in Austria.
The decision clarifies, from the perspective of the federal state of Tyrol, that there is a significant need for change regarding the FFH Directive. "We urge the EU Commission and the European Parliament to lower the protection status and expect more progress from us here," Geisler said.
Expert: implications beyond Austria
The ruling, according to lawyer Jochen Schumacher from the Institute for Nature and Nature Protection Tübingen, has implications beyond Austria. It affects all EU member states, Schumacher told the German Press Agency.
The criteria for a hunt have been further clarified. In Austria, each individual alp must now be checked on site to determine if protection can be provided through shepherds or fences. "The current practice of categorically designating alps as non-protectable based on general criteria is not compatible with the FFH Directive," Schumacher said.
- Despite the two-year wolf hunting ban in Austria, the practice has faced legal challenges at the European Court of Justice (EuGH) in Luxembourg.
- Regarding a 'problem wolf' in Tyrol that allegedly caused economic damages by killing sheep, the EuGH ruled that an exception to the hunting ban can only be granted if the wolf population is in a favorable conservation status, a condition not yet met in Austria.
- According to the Austrian Bear, Wolf, and Lynx Center, a total of 20 problem wolves were shot in Austria last year, with most of them being animals that previously killed sheep.
- In response to the EuGH judgment, Tyrolean Agriculture Minister Josef Geisler stated that the court ruling had no immediate effects but unfortunately did not bring any easing to the situation.
- Geisler also urged the EU Commission and the European Parliament to lower the protection status of wolves, as the ruling has implications for all EU member states and could affect the current practice of categorically designating alps as non-protectable based on general criteria.
- Lawyer Jochen Schumacher from the Institute for Nature and Nature Protection Tübingen further clarified that the FFH Directive requires individual assessments of each alp in Austria to determine if protection can be provided through shepherds or fences, which is currently not being done.
