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

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.