In a recent European Court of Justice (the ‘ECJ’) case the court considered whether there existed any exception to the rules protecting wolves and other vulnerable animals from hunting. This comes after an Austrian province has temporarily authorised the killing of a wolf, who was responsible for killing 20 sheep. Despite the wolves protected status under the Habitats Directive, the province cited the development of the wolf population in Austria. Several animal protection and environmental organisations contested this decision before an Austrian court, who referred the matter to the ECJ to clarify if the prohibition was still valid under the circumstances and if so what are the conditions for an exception to be made against the prohibition.
The ECJ stated that 4 conditions had to be met in order to grant an exception from the prohibition of wolf hunting.
As the Austrian Government have admitted that the wolf population is not at a favourable status the ECJ decided that the prohibition against hunting wolves is valid in Austria.