Failure of a Member State to fulfil obligations Conservation of wild birds Directive 79/409/EEC Incorrect transposition Preservation and maintenance of habitats Classification of special protection areas Prohibition of hunting and capture
Sumário
Judgment of the Court (Sixth Chamber) of 15 January 2009.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition.
Case C-259/08.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 15 January 2009 – Commission v Greece
(Case C‑259/08)
Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds – Preservation and maintenance of habitats – Classification of special protection areas – Prohibition of hunting and capture – Incorrect transposition
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
Re:
| Failure of a Member State to fulfil obligations – Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Defective transposition of Articles 3(2), 4(1), 5 and Article 8(1) of that directive. |
Operative part
The Court:
|
1. |
Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Articles 3(1) and (2), 4(1), 5 and 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under those provisions; |
|
2. |
Orders the Hellenic Republic to pay the costs. |