CELEX: 62007CJ0249
Failure of a Member State to fulfil obligations
Articles 28 EC and 30 EC
Directive 92/43/EC
Measure having equivalent effect
Prior authorisation for the planting of oysters and mussels of native species from other Member States
Justification
Protection of the life of animals
Maintenance of biodiversity and conservation of fish species in the interest of fisheries

Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – System of prior authorisation
for the planting of oysters and mussels from other Member States in Netherlands coastal waters.
Operative part
The Court:
1.
Declares that, by instituting a system of prior authorisation for the planting, in Netherlands coastal waters, of oysters
and mussels coming lawfully from other Member States and being of species native to the Netherlands, the Kingdom of the Netherlands
has failed to fulfil its obligations under Articles 28 EC and 30 EC;
2.
Orders the Kingdom of the Netherlands to pay the costs.