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ARTICLE · 20 JULY 2026

European Court Issues Key Ruling On AA And AA Screening

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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The Court of Justice of the European Union has ruled that appropriate assessments of plans or projects affecting special protection areas cannot be validly conducted without pre-established site-specific conservation objectives. This landmark judgment addresses whether conservation objectives are a prerequisite for environmental impact assessments under the Habitats Directive, with significant implications for development consent procedures across the EU.

IrelandEnvironment

On 16 July 2026, the Court of Justice of the European Union (Court) handed down judgment in joined cases C-27/25 – Knocknamona and C-356/25 – Massey (judgment). The Court concluded that where conservation objectives specific to the special protection area have not been adopted beforehand, a national authority cannot carry out a valid appropriate assessment (AA) of the implications of a plan or project for the integrity of that area, in the context of an application for consent for that plan or project.

In the context of the screening phase, it may be possible to delimit the geographical area likely to be affected by a plan or project without having to take into account the conservation objectives specific to each protected site. However, the assessment of the probability or risk that such a plan or project will have a significant effect on a protected site within that geographical area cannot be carried out without taking into account the conservation objectives specific to that

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