Court of Justice (Grand Chamber) 17 April 2018, C-441/17 (European Commission v Republic of Poland.)

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The Court of Justice (Grand Chamber) held that Poland failed to fulfil its obligations under EU environmental law by adopting a 2016 appendix to the forest management plan for the Białowieża Forest District—tripling the authorised volume of harvestable timber—and implementing active forest management operations (including felling of spruce trees colonised by the bark beetle and removal of dead or dying trees) across the Puszcza Białowieska Natura 2000 site without conducting an appropriate assessment of implications for the site's integrity as required by Article 6(3) of Directive 92/43/EEC (Habitats Directive). The Court further found that Poland failed to actually implement the necessary conservation measures established under the 2015 management plan (PZO) in breach of Article 6(1) of the Habitats Directive and Article 4(1) and (2) of Directive 2009/147/EC (Birds Directive), and failed to ensure strict protection of listed saproxylic beetles under Article 12(1)(a) and (d) of the Habitats Directive and general protection of listed bird species under Article 5(b) and (d) of the Birds Directive. Poland was ordered to pay costs.AI