Judgment of 16 July 2026 · Joined Cases C-27/25 and C-356/25
Wind turbines are associated with climate protection and reducing fossil fuel consumption. However, their construction can also trigger disputes over their impact on birds, habitats and nearby protected areas. How can a development be assessed if the state has not specified precisely what must be protected at the site?
This issue is addressed by the judgment of the Court of Justice of the European Union of 16 July 2026 in Joined Cases C-27/25 (Knocknamona) and C-356/25 (Massey). It also has implications for the preparation of development projects in Poland.
How did the dispute arise?
The cases concerned authorisations for wind farm developments near the Blackwater Callows Special Protection Area for birds in Ireland. When the decisions were issued, the state had not yet established site-specific conservation objectives.
The lawfulness of the authorisations was challenged before the courts. The question arose whether the effects of a development on a protected site could be properly assessed without those objectives.
Conservation objectives as a legal benchmark
Conservation objectives for a Natura 2000 site specify the condition of natural habitats, species and their habitats that must be maintained or achieved at that particular site. They give specific expression to the general obligation to ensure favourable conservation status. In the procedure under Article 6(3) of the Habitats Directive, they provide the basis for assessing whether a plan or project may adversely affect the integrity of the site.
Three elements must be distinguished: the conservation feature, the conservation objective and the conservation measure. The feature is a particular species or habitat type for whose protection the site was designated. The objective identifies the desired outcome for that feature, while the measure specifies how that outcome is to be achieved.
For example, the conservation feature may be a particular bird species. The objective may be to maintain an appropriate population size and area of breeding habitat, while a measure serving that objective could be appropriate grassland management. This example explains why precise objectives are crucial for wind farm developers: without them, there is no clear benchmark for assessing whether rotating turbine blades could intersect the flight routes of protected birds, leading to the destruction of a population.
The key CJEU ruling: missing plans do not give developers a green light
In the judgment under discussion, the Court of Justice took a firm position. It held that, where a Member State has not adopted site-specific conservation objectives, national authorities cannot conduct a legally valid full assessment of the effects on the site, known as an Appropriate Assessment.
Administrative delays and the absence of formal planning documents cannot create a legal loophole allowing developments to be approved automatically. Under the EU precautionary principle, if the absence of official conservation objectives makes it impossible to rule out an adverse impact on nature, the authority must refuse authorisation for the construction of the wind farm.
The Court allowed some relaxation of the requirements only at the very early screening stage, recognising that general geographical criteria may suffice there. Final approval of a project, however, requires full and absolute certainty based on precise objectives.
What does the judgment mean for development projects in Poland?
The judgment has fundamental implications for Poland’s renewable energy sector. Many Natura 2000 sites in Poland still lack approved conservation task plans (PZO) or conservation plans specifying objectives for individual sites.
Two key conclusions follow from the ruling for Polish developers and authorities issuing environmental decisions:
- The state needs to clear its backlog: Pressure on the General Directorate for Environmental Protection (GDOŚ) and Regional Directorates for Environmental Protection (RDOŚ) to adopt plans for Natura 2000 sites promptly will increase sharply. Administrative omissions can completely block local wind energy projects.
- Greater legal risk and the need for rigorous reports: Developers planning projects near sites without adopted conservation objectives must anticipate the risk of environmental organisations readily challenging their environmental decisions. To defend against this, reports from pre-construction and post-construction monitoring of birds and bats must meet the highest, uncompromising scientific standards.
Developers’ FAQ: how to build safely following the CJEU judgment
Does the absence of a conservation task plan for a nearby Natura 2000 site completely block my project?
Not directly, but it significantly increases legal risk. The CJEU judgment means that, if no conservation objectives have been established for a site, officials cannot guess or assume that a development will cause no harm. If your wind energy project lies within the site’s zone of influence, the authority, such as the Regional Director for Environmental Protection, may refuse to issue an environmental decision because a full assessment cannot be carried out.
How can I check whether my project is affected by the judgment?
Verify the formal status of Natura 2000 sites within the wind farm’s zone of influence. Check the Central Register of Nature Conservation Forms (CRFOP) to establish whether conservation objectives have been formally adopted for neighbouring bird and habitat sites, through an order of the Regional Director for Environmental Protection or a conservation plan.
What should I do if conservation objectives have still not been adopted for a key Natura 2000 site?
The developer must take the initiative in presenting evidence. Your environmental documentation, whether a project information sheet (KIP) or an environmental impact assessment report, must independently reconstruct potential conservation objectives using the best available scientific knowledge, such as standard data forms (SDFs), ornithological literature and expert studies. You must demonstrate beyond any doubt that the project will not adversely affect the species for whose protection the site was designated.
Can environmental organisations now block wind farm construction more easily?
Yes, the judgment gives them a powerful argument in court. Any environmental decision issued for a wind farm near a Natura 2000 site lacking the relevant arrangements may be readily challenged. Environmental organisations can rely directly on the CJEU judgment and the precautionary principle before Poland’s Supreme Administrative Court, arguing that the assessment was premature or flawed.
What risk mitigation measures should be considered at the planning stage?
Prioritise uncompromising monitoring quality. Standard, budget-oriented monitoring of birds and bats is no longer enough. Invest in reliable, multi-season field studies conducted by recognised experts. Also consider advanced preventive systems, such as AI-powered cameras that automatically stop turbines when birds approach, to help defend the project against allegations that it adversely affects habitat integrity.