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| 76. | As regards ‘significant’, in Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig-Holstein eV , the Court stated: ‘It follows from the use of the adjective “significant” in the first subparagraph of Article 2(1)(a) of Directive 2004/35 that only damage of a certain seriousness, classified as ‘significant damage’ in Annex I to that directive, can be regarded as damage to protected species and natural habitats, which means that it is necessary in each specific case to assess the importance of the effects of the damage concerned.’ (95) This case indicates that what is ‘significant’ is ultimately a matter of Union law. With regard to ‘damage to protected species and natural habitats’, Annex I of the Environmental Liability Directive provides that ‘significant adverse changes to the baseline condition should be determined by means of measurable data such as’. The passage from Case C-297/19 quoted above therefore also indicates that, for this category of environmental damage, the determination of significance is a matter of objective, technical assessment based on measurable data. It can be inferred that the same holds true for the other categories of environmental damage under the Directive.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.