Deutscher Naturschutzring - Dachverband der deutschen Natur - und Umweltschutzverbande eV v Bundesrepublik Deutschaland

European Union – Environmental law. Article 11(1) of Regulation (EC) No 1380/2013 should be interpreted as meaning that it precluded a member state from adopting, with respect to the waters under their sovereignty or jurisdiction, the measures which were necessary in order for it to meet its obligations under art of Directive (EC) 92/43 and which completely prohibited, in Natura 2000 sites, using commercial fishing gear which touched the sea bed and fixed nets, since such measures affected fishing vessels flying the flag of other member states. The Court of Justice of the European Union so held in proceedings concerning Germany's decision to refuse the applicant environmental protection association's application seeking the prohibition on fishing using certain fishing gear and fixed nets in specified marine areas.

Category: