Estonia's Supreme Court declares 2020 wolf hunting quota illegal

Estonia's Supreme Court on Friday declared illegal a 2020 order by the Environmental Board that set a wolf hunting quota of 140 animals for the 2020/2021 season.

The NGO Eesti Suurkiskjad challenged the order in court, arguing that the wolf population was not in a favorable state and that such a large cull would not improve the situation.

The central legal dispute was whether the protection of wolves should follow the EU Habitats Directive or the Bern Convention. When joining the EU in 2004, Estonia secured a derogation under the directive allowing a less strict protection regime for wolves. However, Estonia acceded to the Bern Convention in 1992 and, unlike Latvia, Lithuania, and Poland, did not request any derogations for wolf protection.

The Supreme Court's Administrative Chamber ruled that the derogation under the directive does not exempt the state from its obligations under the Bern Convention. Both legal instruments can be applied simultaneously, as EU law does not prohibit Estonia from applying stricter environmental protection requirements.

The court found that the Environmental Board made a significant error by failing to consider the stricter requirements of the convention and by incorrectly relying on the lower protection standard of the directive.

In 2023, the Supreme Court requested a preliminary ruling from the European Court of Justice (ECJ) to clarify which criteria an EU member state should use when assessing the conservation status of wolves. In its 2025 ruling, the ECJ stated that the best available scientific data should be used, and if doubts remain, the precautionary principle must be applied. The Supreme Court concluded that the precautionary principle could mean, for example, not relying on the most optimistic population estimates.

The ECJ also noted that the species' status should primarily be assessed at local and national levels. Populations outside the country can only be considered if there is transboundary movement of animals. Border fences can reduce wolf migration. Since Russia and Belarus are not parties to the Bern Convention, adequate wolf protection may not be ensured there.

Since 2025, wolves have been under less strict protection under both the Bern Convention and the EU Habitats Directive, but this does not affect the legality of the 2020 order.

Lower courts (Administrative and Circuit) had previously dismissed the complaint, upholding the Environmental Board's decision. The applicant then appealed to the Supreme Court and requested a preliminary ruling from the ECJ.