Favourable conservation status: EU Court clarifies crucial yardstick for wildlife preservation and restoration in wave of wolf cases

Abstract In EU biodiversity law, the ‘favourable conservation status’ of species is a central benchmark. However, the interpretation and application of this concept have been subject to notable uncertainties. Two questions of considerable practical importance stand out, namely, (1) at what level(s) and (2) in what way(s), must conservation status be assessed? Three recent judgments by the EU Court of Justice on wolf management in Austria, Estonia and Spain offer long‐awaited clarity concerning several aspects of both questions. The judgments provide fresh insights concerning, inter alia, the respective roles of (i) local and national populations versus cross‐border populations, (ii) ecological versus socio‐economic factors and (iii) the ecological functions of species. This article explores these new insights, their broader context and their practical consequences. It finds that the Court's interpretation of the favourable conservation status concept is ambitious and pragmatic at the same time and keeps pace with developments in the broader biodiversity law and policy landscape.

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Publication Details

Journal
Review of European Comparative & International Environmental Law
Published
2026-03-04
DOI
https://doi.org/10.1111/reel.70036
Primary Topic
Environmental Conservation and Management
Type
article
Field-Weighted Citation Impact
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article

Favourable conservation status: EU Court clarifies crucial yardstick for wildlife preservation and restoration in wave of wolf cases

Arie Trouwborst
Review of European Comparative & International Environmental Law
Environmental Conservation and Management
article

Favourable conservation status: EU Court clarifies crucial yardstick for wildlife preservation and restoration in wave of wolf cases

Arie Trouwborst
article en

Abstract

Abstract In EU biodiversity law, the ‘favourable conservation status’ of species is a central benchmark. However, the interpretation and application of this concept have been subject to notable uncertainties. Two questions of considerable practical importance stand out, namely, (1) at what level(s) and (2) in what way(s), must conservation status be assessed? Three recent judgments by the EU Court of Justice on wolf management in Austria, Estonia and Spain offer long‐awaited clarity concerning several aspects of both questions. The judgments provide fresh insights concerning, inter alia, the respective roles of (i) local and national populations versus cross‐border populations, (ii) ecological versus socio‐economic factors and (iii) the ecological functions of species. This article explores these new insights, their broader context and their practical consequences. It finds that the Court's interpretation of the favourable conservation status concept is ambitious and pragmatic at the same time and keeps pace with developments in the broader biodiversity law and policy landscape.

Review of European Comparative & International Environmental Law
Tilburg University (NL), North-West University (ZA)
Life in Land
Openalex Percentile: Top 38%
Environmental Conservation and Management
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