# C_2023286EN.01000301.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/3 |
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14.8.2023

EN

Official Journal of the European Union

C 286/3

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Judgment of the Court (Second Chamber) of 29 June 2023 — European Commission v Ireland

(Case C-444/21) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Special areas of conservation - Atlantic biogeographical region - Article 4(4) and Article 6(1) - Failure to designate special areas of conservation and to set conservation objectives - Absence or insufficiency of conservation measures)

(2023/C 286/03)

Language of the case: English

Parties

Applicant: European Commission (represented by: C. Hermes and M. Noll-Ehlers, acting as Agents)

Defendant: Ireland (represented by: M. Browne, A. Joyce, M. Lane and J. Quaney, acting as Agents, and by E. Barrington, Senior Counsel, A. Carroll, Barrister-at-Law, and M. Gray, Senior Counsel)

Intervener in support of the defendant: Federal Republic of Germany (represented by J. Möller and A. Hoesch, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to designate as special areas of conservation, as soon as possible and within six years at most, 217 of the 423 sites of Community importance which were included on the list established by Commission Decision 2004/813/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region, updated by Commission Decision 2008/23/EC of 12 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Atlantic biogeographical region and by Commission Decision 2009/96/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Atlantic biogeographical region, Ireland has failed to fulfil its obligations under Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013; |
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1.

Declares that, by failing to designate as special areas of conservation, as soon as possible and within six years at most, 217 of the 423 sites of Community importance which were included on the list established by Commission Decision 2004/813/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region, updated by Commission Decision 2008/23/EC of 12 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Atlantic biogeographical region and by Commission Decision 2009/96/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Atlantic biogeographical region, Ireland has failed to fulfil its obligations under Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013;

| 2. | Declares that, by failing to define detailed site-specific conservation objectives for 140 of the 423 sites of Community importance referred to in point 1 of the operative part, Ireland has failed to fulfil its obligations under Article 4(4) of Directive 92/43, as amended by Directive 2013/17; |
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2.

Declares that, by failing to define detailed site-specific conservation objectives for 140 of the 423 sites of Community importance referred to in point 1 of the operative part, Ireland has failed to fulfil its obligations under Article 4(4) of Directive 92/43, as amended by Directive 2013/17;

| 3. | Declares that, by failing to adopt the necessary conservation measures which correspond to the ecological requirements of the natural habitat types referred to in Annex I and the species referred to in Annex II to Directive 92/43, as amended by Directive 2013/17, present on the 423 sites of Community importance referred to in point 1 of the operative part, Ireland has failed to fulfil its obligations under Article 6(1) of Directive 92/43, as amended; |
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3.

Declares that, by failing to adopt the necessary conservation measures which correspond to the ecological requirements of the natural habitat types referred to in Annex I and the species referred to in Annex II to Directive 92/43, as amended by Directive 2013/17, present on the 423 sites of Community importance referred to in point 1 of the operative part, Ireland has failed to fulfil its obligations under Article 6(1) of Directive 92/43, as amended;

| 4. | Dismisses the action as to the remainder; |
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4.

Dismisses the action as to the remainder;

| 5. | Orders Ireland to bear its own costs and to pay those incurred by the European Commission; |
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5.

Orders Ireland to bear its own costs and to pay those incurred by the European Commission;

| 6. | Orders the Federal Republic of Germany to bear its own costs. |
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6.

Orders the Federal Republic of Germany to bear its own costs.

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(1)  OJ C 382, 20.9.2021.

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