# C_2009055EN.01001402.xml

| 7.3.2009 | EN | Official Journal of the European Union | C 55/14 |
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Action brought on 22 December 2008 — Commission of the European Communities v Italian Republic

(Case C-573/08)

(2009/C 55/23)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia, acting as Agent)

Defendant: Italian Republic

Form of order sought

| — | Declare that the Italian Republic has failed to fulfil its obligations under Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Directive 79/409/EEC:
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by failing to transpose Directive 79/409/EEC( 1 ) into Italian law in a manner which is wholly in compliance with that directive; —
by failing to transpose Article 9 of Directive 79/409/EEC into Italian law in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements laid down in that provision; | — | by failing to transpose Directive 79/409/EEC( 1 ) into Italian law in a manner which is wholly in compliance with that directive; | — | by failing to transpose Article 9 of Directive 79/409/EEC into Italian law in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements laid down in that provision; |
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| — | by failing to transpose Directive 79/409/EEC( 1 ) into Italian law in a manner which is wholly in compliance with that directive; | | | | |
| — | by failing to transpose Article 9 of Directive 79/409/EEC into Italian law in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements laid down in that provision; | | | | |

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

The Commission argues that the Italian legislation does not fully transpose Directive 79/409/EEC into Italian law in a manner that is in compliance with that directive:

Article 2: not transposed;

Article 3: not transposed in compliance with the directive, owing to the failure to transpose Article 2;

Article 4(4): not transposed;

Article 5: non-transposition of the prohibition of the deliberate destruction of nests and eggs, or of deliberate damage thereto, and of the prohibition of the deliberate disturbance of the species of bird protected by the directive;

Article 6: non-transposition of the prohibition on transport for sale;

Article 7(4): incomplete transposition (the way in which the hunting seasons have been fixed does not ensure that hunting is prohibited during the rearing season and the various stages of reproduction; nor, in particular, as regards migratory species, does it ensure that hunting is prohibited during the period of reproduction or during the return to the rearing grounds; moreover, the obligation to send the Commission all relevant information on the practical application of the hunting legislation has not been transposed);

Article 9: not transposed at State level in compliance with the directive (the reviews of the legitimacy of the derogations are ineffective and belated); incorrect transposition and implementation at regional level (Abruzzo, Lazio, Toscana, Lombardia, Emilia Romagna, Marche, Calabria and Puglia);

Article 10(2): incomplete transposition (failure to transpose the obligation to send the Commission the information required for the coordination of the research and work for the protection, management and use of the population of the species of bird protected by the directive);

Article 11: incomplete transposition (failure to transpose the obligation to consult the Commission with respect to the introduction of exotic species);

Article 13: not transposed;

Article 18(2): failure on the part of the Italian authorities to communicate the texts setting out the provisions of regional law on hunting for the regions of Lazio, Lombardia, Toscana and Puglia.

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( 1 )  Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1).

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