CELEX: 62008CJ0100
Failure of a Member State to fulfil its obligations
Articles 28 EC and 30 EC
Protection of species of wild fauna and flora
Legislation on the keeping and marketing of birds born and bred in captivity legally placed on the market in other Member States

Failure of a Member State to fulfil obligations – Infringement of Article 28 EC – Protection of species of wild fauna and
flora – Prohibition of keeping certain birds legally placed on the market in other Member States.
Operative part
The Court:
1.
Declares that,
–        by making the import, keeping and sale of specimens of birds born and bred in captivity legally placed on the market in other
Member States subject to restrictive conditions that require the market participants concerned to alter the marking of the
birds so as to satisfy the conditions specifically required by the Belgium legislation, and by failing to recognise the marking
accepted in other Member States or certificates issued in accordance with Council Regulation (EC) No 338/97 of 9 December
1996 on the protection of species of wild fauna and flora by regulating trade therein; and
–        by denying traders the opportunity to obtain exemptions from the prohibition of keeping indigenous European birds legally
placed on the market in other Member States,
the Kingdom of Belgium has failed to fulfil its obligations under Article 28 EC
2.
Orders the Kingdom of Belgium to pay the costs.