The decision of the Court of Justice of the European Union
On August 1, 2025, the Court of Justice of the European Union issued a crucial ruling for the conservation of wild birds and forest management. Case C-784/23 establishes clear principles regarding the ban on felling trees during the breeding season. Directive 2009/147/EC is the cornerstone of European bird protection. Article 5 establishes a protection regime that prohibits the deliberate killing or capture, destruction or damage to nests and eggs, and deliberate disturbance during the breeding season.
The Estonian case
In May 2021, two Estonian companies initiated logging operations that were suspended by the Environment Agency. The suspension was based on the scientifically proven presence of 10 pairs of birds per hectare and the identification of 10 different breeding species, resulting in a risk of disturbance during the breeding season. The identified species included Wood Warbler, Common Wren, Blackbird, Song Thrush, Chaffinch, Nuthatch, and Bullfinch, all detected through direct observations and calls during field inspections.
The Court's decisions
The Court established that the condition of deliberateness is met not only when the killing or disturbance of birds is the direct objective, but also when the perpetrator of the act has accepted the possibility that such consequences may occur. This principle applies uniformly to both the Birds and Habitats Directives, ensuring regulatory consistency. The ruling clarifies a fundamental distinction in the application of prohibitions. The prohibitions on killing and destroying nests (Article 5, paragraphs a and b) apply absolutely, regardless of the objective of the activity and without the need for proportionate assessments. The prohibition on disturbance (paragraph d), on the other hand, applies only when the disturbance has "significant consequences" on bird populations, requiring an assessment against the conservation objectives established by the directive. The Court also validated the Estonian authorities' approach, based on scientific data on breeding density, direct observations during inspections, and the application of the precautionary principle. The presence of approximately 10 pairs per hectare, combined with the identification of specific specimens, constitutes a sufficient basis for presuming nesting.
Implications for forest management
Forestry operators must therefore avoid felling during the April-July period, which generally coincides with the bird breeding season. Preventive assessments of the presence of nesting birds are required, and when operations are deemed essential, specific exemptions must be requested from the competent authorities. Article 9 of the Directive allows for exemptions to prevent serious damage to forests, ensure public and air safety, or for other specified reasons. However, these exemptions are granted only in the absence of alternative solutions and require specific authorization from the national authorities, with an assessment of the proportionality of the requested measures.
Operational recommendations
Public administrations should develop specific guidelines for the forestry sector and implement bird monitoring systems. The forestry sector must adopt harvesting schedules that respect reproductive cycles and invest in non-invasive detection technologies. The scientific community can contribute by deepening our understanding of species-habitat correlations and developing predictive nesting models to support more informed decisions in forest management.
Future perspectives
The ruling represents an important step towards balancing biodiversity conservation and forestry economic activities. It prioritizes the protection of avifauna through objective criteria, while maintaining flexibility through scientifically justified exemptions. Effective implementation will require close collaboration between institutions, economic operators, and the scientific community, oriented toward sustainable forestry models that respect natural cycles and ensure the conservation of Europe's avifauna for future generations (AB Agrivenatoria Biodiversitalia).
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