Die nachträgliche FFH-VP

The Habitats Directive imposes strict requirements on the approval of infrastructure construction in the form of the Habitats Impact Assessment in order to safeguard the protection and conservation objectives of affected Natura 2000 sites. This work examines whether and under which conditions an infrastructure construction can be subjected to a so-called subsequent Habitats Impact Assessment even in the use phase. The focus is on how the ECJ resolves the conflict that arises with the conflicting interests of the protection of existing sites and legitimate expectations as well as legal certainty. The author examines preventive measures and states that German authorisation law is increasingly overlaid by EU law.