85With regard to the management plans adopted and implemented in Finland in 2017 and 2018, which allegedly have their basis in the Guidance document, it is important to note that if that document has no binding legal force it may be used by the Court as a baseline. The Guidance document specifies that plans that may be put in place have no ‘separate legal status’ for the purposes of the Birds Directive. In that regard, it should also be noted that the Court has repeatedly found that while economic and recreational requirements are referred to in Article 2 of the directive, that provision does not constitute an autonomous derogation from the general system of protection established by the Birds Directive (judgments of 8 July 1987, Commission v Belgium, 247/85, EU:C:1987:339, paragraph 8; of 8 July 1987, Commission v Italy, 262/85, EU:C:1987:340, paragraph 8; and of 28 February 1991, Commission v Germany, C‑57/89, EU:C:1991:89, paragraph 22).
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