BRUSSELS, Belgium - In a victory long-sought by bird conservationists, the European Court of Justice Thursday ruled that the spring hunting of the European turtle-dove and common quail on the island of Malta would not be allowed this year. Malta is located on an important bird migration route in the Mediterranean. Hunting during the sensitive breeding and spring migration period is prohibited under EU law in all member states.
Commenting on the court's decision, Environment Commissioner Stavros Dimas said, "The decision of the court emphasises the importance of protecting the common natural heritage of the EU in preventing the hunting of birds during this period." 
The Order means that the court wishes to prevent irreversible damage to these migratory birds at once, while a final ruling on this case is pending and not expected before 2009.
"The order applies to the spring period in 2008 but we consider that it sets a clear precedent in relation to spring hunting in subsequent years also in other member states," Dimas said.
In January 2008, based on a complaint by BirdLife International, the European Commission took the Maltese government to court for having allowed, every spring since the country's accession to the EU in 2004, hunting and trapping of European turtle-dove and common quail, in violation of the EU Wild Birds Directive.
Under the Wild Birds Directive, the killing of wild birds is banned, but some species can be hunted as long as it does not occur during the breeding or spring migration season.
The hunting of these migratory birds takes place during their return from Africa to breeding grounds in Europe, before they have had a chance to reproduce. The impact of hunting on bird numbers in spring is more significant than it would be in autumn or winter, after the breeding season.
The Court stressed in its Order the importance of protecting the EU's common heritage and stated that "the interest of hunters does not appear to have a value superior thereto."
"Although we regret it had to come this far, and Europe-wide embarrassment has been caused for Malta, we are now confident that government-authorized spring hunting has become a thing of the past in Malta, said Konstantin Kreiser, EU Policy Manager with BirdLife International.
"At the same time we hope that the Maltese government, police and all stakeholders will work together to clamp down on the still widely spread illegal hunting and trapping in the country," he said.
President of BirdLife Malta Joseph Mangion said, "We are pleased to see that the court has acknowledged the importance of protecting the common natural heritage of the European Union and its member states as overriding the individual interests of the Maltese hunters, who have the opportunity nonetheless to hunt these same birds in autumn."
He said that Malta has a special responsibility as it is the southernmost central Mediterranean country through which migratory birds first pass on their way to their European breeding grounds. "We should be setting an example rather than seeking exceptions."
But BirdLife Malta CEO Tolga Temuge said in January that other species besides the European turtle-dove and common quail are at risk when hunters take out their guns in spring. "Every open spring hunting season has been used as a cover by many Maltese hunters to shoot protected species, many of which are threatened with global extinction, such the lesser kestrel, pallid harrier and others."