The European Commission yesterday formally presented its case against spring hunting in Malta to the European Court of Justice (ECJ) in Luxembourg.
It asked the Court to declare spring hunting in Malta illegal and to issue an urgent decision, or interim measures, barring the Maltese authorities from allowing any hunting to take place during spring until a final decision is made by the ECJ.
If issued, the interim measures will affect the coming season that would normally start by the end of March.
"The first and original case will take up to two years to be decided. However, interim measures are much faster and will only take between a week and some months. In this case, it is expected that a decision will be taken before the coming spring hunting season can start," a spokesman for the ECJ told The Times yesterday.
The formal decision by Brussels to seek an end to spring hunting in Malta was taken by the College of Commissioners last month following various written warnings sent to the Maltese authorities since June 2006.
"The case against Malta has been registered as number 76/08 and the president of the Court will assign the case to a judge at the same time as he deals with the request for urgent measures," the spokesman said. According to ECJ procedures, a request for interim measures is decided by the Court's president. The ECJ spokesman explained that, according to procedures, the president will inform the Maltese authorities of the request and ask them to submit their defence in writing.
The Commission will then be asked to reply. Eventually, the president can either decide straightaway or, upon the request of the injured party, appoint a public hearing. A decision then follows immediately.
The upcoming spring hunting season can theoretically start from March 21. Although the Ornis committee - entrusted with recommending to the Environment Minister when the season should open - has not yet made a decision, the government has made it clear it will abide by any decision issued by the ECJ. The Labour Party has made a similar declaration.
Yesterday's formal presentation by the Commission of the court case follows a final written warning to Malta in October 2007 on the hunting of quails and turtle doves during spring.
The Commission argues that the hunting of such migratory birds takes place during their return from Africa to breeding grounds in Europe, before they have had a chance to reproduce, and the impact on bird numbers is therefore more significant than it would be in autumn or winter.
Last October the Commission had called on Malta not to allow spring hunting in 2008. However, responding in January 2008, Malta did not give a firm commitment in this regard and, thus, the Commission decided to refer the case to the European Court of Justice.