# C_2009044EN.01002701.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/27 |
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Action brought on 12 November 2008 — Commission of the European Communities v Italian Republic

(Case C-491/08)

(2009/C 44/45)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia, agent)

Defendant: Italian Republic

Forms of order sought

| — | Declare that, in respect of the planned tourist complex ‘Is Arenas’ in the Municipality of Narbolia, which concerns the habitats and species present in site ITB032228 ‘Is Arenas’:
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the Italian Republic has failed to fulfil its obligations under Directive 92/43/EEC by failing to adopt, before 19 July 2006, preservation measures which, having regard to the conservation aim of that directive, are suitable for the purposes of preserving the relevant ecological interest represented at national level by the proposed site of Community importance (SCI) ITB032228 ‘Is Arenas’, and in particular by failing to prevent an activity likely seriously to endanger the ecological characteristics of the site( 1 ); and —
the Italian Republic has failed to fulfil its obligations under Article 6(2) of Directive 92/43/EEC by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats and the habitats of species, as well as disturbance of the species for which that SCI was designated; and | — | the Italian Republic has failed to fulfil its obligations under Directive 92/43/EEC by failing to adopt, before 19 July 2006, preservation measures which, having regard to the conservation aim of that directive, are suitable for the purposes of preserving the relevant ecological interest represented at national level by the proposed site of Community importance (SCI) ITB032228 ‘Is Arenas’, and in particular by failing to prevent an activity likely seriously to endanger the ecological characteristics of the site( 1 ); and | — | the Italian Republic has failed to fulfil its obligations under Article 6(2) of Directive 92/43/EEC by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats and the habitats of species, as well as disturbance of the species for which that SCI was designated; and |
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| — | the Italian Republic has failed to fulfil its obligations under Directive 92/43/EEC by failing to adopt, before 19 July 2006, preservation measures which, having regard to the conservation aim of that directive, are suitable for the purposes of preserving the relevant ecological interest represented at national level by the proposed site of Community importance (SCI) ITB032228 ‘Is Arenas’, and in particular by failing to prevent an activity likely seriously to endanger the ecological characteristics of the site( 1 ); and | | | | |
| — | the Italian Republic has failed to fulfil its obligations under Article 6(2) of Directive 92/43/EEC by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats and the habitats of species, as well as disturbance of the species for which that SCI was designated; and | | | | |

| — | Order the Italian Republic to pay the costs. |
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Pleas in law and main arguments

The Commission is aware that a tourist complex, which includes a golf course, is under construction within the Is Arenas SCI. In the Commission's view, the planned tourist infrastructure in the Is Arenas SCI is predominantly located in the areas which ensure the ecological connection between the two largest areas of pine forest. It is therefore likely to have a significant negative impact on such areas, and especially on their function as an ‘ecological link’.

Moreover, among the undesirable features of the project, the Commission draws attention to the reduction and modification of original habitats, inter alia through the introduction of alien species such as grasses from the golf course; the loss of habitats; the effects of trampling and compaction of ground; the loss of spaces; the impact of the arrival of bathers on the habitats of the first coastal zone, which is particularly important as it contains the dune systems; and tree felling.

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( 1 )  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

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