Birds Directive: the Court of Justice clarifies the conditions for compliance of road projects

The conditions under which a road project must comply with the Birds Directive, which aims to protect all species living in the wild state on the European territory of the Member States, have been clarified in a ruling by the European Court of Justice handed down on 26/02/2026.

The Austrian court had referred a question to the Court for a preliminary ruling on the interpretation of this directive, and more specifically on "the scope of the prohibition on intentionally causing significant disturbance to birds".

This follows a challenge by several environmental associations before the Austrian Federal Administrative Court to "the authorisation for the construction of a dual two-lane road south of St. Pölgen". They considered the project to be "contrary to the Birds Directive, questioning in particular the measures planned to limit the impact on the populations present on or near the site".

According to the Court, the prohibition to disturb these species "applies not only to human activities whose purpose is to harm birds, but also to those in respect of which the possibility of such…