Case C-57/89 Commission v Germany (Wild Birds) 
- 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)
- Had Germany breached article 4(4)?
- 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
Posted in Uncategorized Revision Notes.
This page was last updated on 29th April 2015