“An exception to this ban to avoid economic damage can only be granted if the wolf population is in a favorable conservation status, which is not the case in Austria,” it says. In Tyrol, “no immediate effects” were seen, and problem wolves will continue to be shot.
Animal welfare organizations had filed a complaint following the Tyrolean state government issued an order authorizing the shooting of a wolf in 2022. The Tyrolean State Administrative Court (LVwG) then asked the ECJ to interpret EU law on this issue. Among other things, the judges in Luxembourg had to answer the question of whether it contradicts the principle of equality that wolves are exempt from the strict protection regime of the Flora-Fauna-Habitat (FFH) Directive in some European countries, but not in Austria. No, is the answer: when Austria joined the European Union in 1995, unlike other states, it did not express any reservations regarding the high protection status of the wolf.
Even under the current legal situation, allowing a wolf to be shot is only possible if the wolf population is in a good state of conservation and hunting does not endanger it – both with regard to Tyrol, Austria and the cross-border distribution area. In addition, other solutions, such as measures to protect alpine pastures, must also be considered before a wolf is shot.
The Tyrolean state government, made up of the ÖVP and SPÖ, reacted calmly to the decision. This has “no immediate impact on Tyrol, but unfortunately does not bring any relief either,” said the responsible deputy governor Josef Geisler (ÖVP). With the current legal situation, Tyrol meets the requirements of European law, Geisler alluded to the fact that the predators in the state are now no longer shot by decree, but according to regulations.
“The verdict changes nothing for us”
In Salzburg, too, the responsible deputy governor Marlene Svazek (FPÖ) is sticking to the previous shooting practice: “For us, the ECJ ruling does not change anything. If certain conditions are met, a wolf can certainly be removed.” The measures regulations applied in Salzburg are based on individual case reviews, so they are “absolutely in compliance with the law”. In the state, a first wolf was officially killed in July 2023 and a second in June 2024, and according to Svazek, a third is to be released for shooting this weekend. The animal is said to have killed at least five sheep in Niedernsill (Pinzgau) at the beginning of the month.
Carinthia’s hunting and agricultural advisor, Deputy Governor Martin Gruber (ÖVP), also said: “The decision has no direct impact on wolf management in Carinthia, which is based on a regulation and a law protecting alpine pastures and pastures. His colleague from Upper Austria, State Councillor Michaela Langer-Weninger (ÖVP), stated: “In Upper Austria, there is no planned wolf hunting, which according to the current ECJ ruling requires a favourable conservation status.” This means that the procedure in her state is “legally covered and in line with the most recent ECJ ruling”.
Experts see it differently
Legal experts see things differently, and believe that today’s ruling means that wolves can no longer be hunted in Austria. Otherwise, Austria might face infringement proceedings, said Franz Leidenmühler, head of the Institute for European Law at JKU Linz, in an interview with APA. European law expert Walter Obwexer made similar comments in the “Tiroler Tageszeitung”.
ÖVP Agriculture Minister Norbert Totschnig, meanwhile, stuck to his previous wolf position. “The fact is that the wolf, with over 20,000 individuals in Europe, is no longer threatened with extinction. In addition, the large predator is increasingly losing its fear of humans,” the minister explained in a press release. He will continue to fight at EU level to have the protection status lowered.
Gewessler hopes for “objectification of the debate”
“I hope that the ruling will lead to a more objective debate. Anyone who really wants to help farmers should strive to be objective,” said Environment Minister Leonore Gewessler (Greens) on the sidelines of a press conference before the ruling was announced. Appropriate support is needed for livestock protection.
Criticism of the ruling came from FPÖ MEP Roman Haider. “In particular, the reference to alleged milder measures such as the protection of alpine pastures demonstrates that the judges have no idea regarding the conditions in alpine terrain,” he wrote in a press release. He called for a reduction in the protection status of wolves. “Only if the strict protection status of the wolf is relaxed can there be a prosperous coexistence between humans, grazing animals and wolves for all sides,” said Haider.
Opponents were happy regarding the verdict
Opponents of the wolf removals were naturally happy regarding the ruling, including WWF Austria and Ökobüro, which are conducting the legal dispute in Austria. “The wolf is here to stay. The faster the federal and state governments invest in the protection of alpine grazing animals, the sooner agriculture can adapt to the new situation,” said Lucas Ende of the Nature Conservation Association. The animal welfare organization VGT then calls on “all state councilors who have passed wolf shooting regulations to stop the violations of the law with immediate effect and to stop the illegal killing,” it says in a press release.
Although the ECJ actually declared wolf hunting to be still prohibited, the Farmers’ Association believes that the verdict confirms the federal states’ approach to wolf management and believes “the ECJ has now also confirmed that the procedure of removing problem wolves is correct.” Josef Moosbrugger, President of the Chamber of Agriculture, made a similar statement in a press release.
According to the Austrian Bear-Wolf-Lynx Center, there have been six wolf captures so far this year, four of them in Carinthia and one each in Tyrol and Salzburg. The year before, there were 14 wolf captures.
This article was last updated and shortened on July 11, 2024 at 2:52 p.m.
