CELEX: 62011CJ0192
Failure of a Member State to fulfil obligations
Directive 2009/147/EC
Conservation of wild birds
Scope of the system of protection
Derogations from the prohibitions laid down by the directive

Failure of a Member State to fulfil obligations — Infringement of Articles 1, 5 and 9(1) and (2) of Directive 2009/147/EC
of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7) —
Field of application — Protection restricted to species of birds occurring in national territory only — Incorrect definition
of the conditions for derogating from the prohibitions laid down by the directive.
Operative part
The Court:
1.
Declares that, by failing to apply national conservation measures to all species of birds naturally occurring in the wild
state in the European territory of the Member States and entitled to protection under Directive 2009/147/EC of the European
Parliament and of the Council of 30 November 2009 on the conservation of wild birds, and likewise by failing to define correctly
the conditions to be met in order to be able to derogate from the prohibitions laid down by that directive, the Republic of
Poland has failed to fulfil its obligations under Articles 1, 5 and 9(1) and (2) of that directive;
2.
Orders the Republic of Poland to pay the costs.