Court of Justice (Third Chamber) 11 April 2013, C‑258/11 (Peter Sweetman and Others v An Bord Pleanála.)

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The Court of Justice of the European Union ruled that Article 6(3) of the Habitats Directive (92/43/EEC) must be interpreted as meaning that a project adversely affects the integrity of a site if it is liable to prevent the lasting preservation of the constitutive characteristics of that site, such as the irreparable loss of a priority natural habitat. The Court held that the competent national authority must apply the precautionary principle and may only authorize a plan or project if no reasonable scientific doubt remains as to the absence of adverse effects on the site's integrity. Consequently, a project causing the permanent loss of a priority habitat cannot be authorized under Article 6(3) but must instead be assessed under the derogation criteria of Article 6(4).AI