The spring hunting season is expected to remain closed this year as the pending case instituted by the European Commission against Malta is not likely to be decided before the springtime.
No formal hearing has yet been scheduled, which would be the next stage in the case by which Brussels is seeking to ban spring hunting on the islands.
This makes it practically impossible for the case to be wrapped up ahead of the season which, as happened last year, would lead to an interim ban on hunting.
"The next process in this case is a hearing where the legal experts of the Commission and the Maltese authorities will argue their case in front of the court.
Following the written submissions made last year, no date has been set for this hearing," a European Court of Justice spokesman told The Times.
Asked whether, in the absence of a final decision, the Maltese authorities could technically allow hunting this year, the spokesman said this was unlikely as the Commission would surely re-apply its interim measures if the Maltese tried to reopen spring hunting.
Apart from presenting its formal case, the Commission last year had applied for the issue of interim (urgent) measures for 2008 and 2009 to ensure spring hunting is not allowed before the court case is concluded.
The ECJ upheld the Commission's request for 2008 but dismissed the plea for 2009 as at the time it was not considered to be "a matter of urgency".
However, although this might provide a window of opportunity to Maltese hunters, who are expected to raise this point during an Ornis Committee meeting this week, Brussels has already made it clear to the Maltese authorities that the season will have to remain closed this year too.
"Last year's decision of the ECJ was quite clear," a Commission official said when contacted. "Spring hunting should not be allowed until the final judgment on the original case is given. If the Commission sees that the Maltese government is planning to allow hunting this spring, it will again have to apply for urgent interim measures," he said.
The official said that although the ECJ had dismissed the Commission's plea for 2009 on the basis that "2009 was not urgent", the court had still set a precedent in its ruling for 2008, to be applied again this year.
Brussels took the case to the ECJ after issuing warnings to Malta on the hunting of quail (Coturnix coturnix) and turtle dove (Streptopelia turtur) during spring.
According to the Commission, the hunting of these migratory birds takes place during their return from Africa to breed in Europe, before they have had a chance to reproduce, and goes against the EU's birds' directive.
As from this year, trapping is completely banned following the end of a transition period negotiated before Malta's accession.