The Ministry for Gozo and Planning, has issued its response to Advocate-General Tamara Capeta’s Opinion delivered today in the case of Commission v Malta concerning the research derogation on seven species of wild finches.

The recommendation was that ”the Court should find that Malta’s derogation allowing live capture of finches breaches the Birds Directive of the European Union.”

The Ministry said that ‘the Government takes note of this Opinion. It is however disappointed with the Advocate-General’s conclusions.” However, it said it ”remains committed to the cause.”

It said that ”the Advocate-General’s Opinion is not binding on the Court of Justice. Advocate General provide independent legal solutions to the cases they handle, and their opinions serve as a recommendation to the Court. ”

‘The Ministry added that the final judgement from the Court of Justice of the European Union will be delivered at a later date.

”Although the Opinion is still to be examined in depth, the Government remains committed to the cause and ready to re-open proceedings before the Court of Justice to continue defending the research derogation and the interests of hunters and trappers,” the Ministry said.

It concluded by saying that ”the Government of Malta is convinced with the argument that it presented to the Court of Justice, and it is still possible that the Court will rule in Malta’s favour.”

File photo: BirdLife Malta

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