Court of Justice (Third Chamber) 13 June 2018, C-683/16 (Deutscher Naturschutzring – Dachverband der deutschen Natur- und Umweltschutzverbände e.V. v Bundesrepublik Deutschland.)

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The Court of Justice of the European Union ruled that Article 11 of Regulation (EU) No 1380/2013 precludes a Member State from unilaterally adopting conservation measures, such as a total prohibition on seabed-touching fishing gear and fixed nets in Natura 2000 sites, if those measures affect fishing vessels flying the flag of other Member States. The Court held that such measures fall within the exclusive competence of the Union when they impact the fisheries interests of other Member States, requiring the Commission to adopt them via delegated acts. Furthermore, the Court clarified that Article 11(1) of the Regulation provides an exhaustive list of environmental directives justifying Member State action, which does not include Directive 2004/35/EC on environmental liability.AI