Facts
- Germany was required under EU environmental protection law (Article 4(4) of Directive 79/409 on the conservation of wild birds) to preserve environments where certain wild birds lived
- For the purpose of coastal protection, Germany built a dyke in one of these protected environments (a national park)
Issue
- Had Germany breached article 4(4)?
Decision
- No
Reasoning
- Although usually, Germany would be pre-empted from acting, its interest of protecting from flooding and coastal erosion was superior to the ecological objective of the Directive
