142Moreover, in order to establish a failure to fulfil obligations within the meaning of Article 6(2) of the Habitats Directive, the Commission does not have to prove a cause and effect relationship between a mining operation and significant disturbance to the capercaillie. Since Article 6(2) and (3) of the Habitats Directive are designed to ensure the same level of protection, it is sufficient for the Commission to establish the existence of a probability or risk that that operation might cause significant disturbances for that species (see, to that effect, Commission v France, paragraph 32, and Case C-2/10 Azienda Agro-Zootecnica Franchini and Eolica di Altamura [2011] ECR I-6561, paragraph 41).
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