# C_2005093EN.01001302.xml

| 16.4.2005 | EN | Official Journal of the European Union | C 93/13 |
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16.4.2005

EN

Official Journal of the European Union

C 93/13

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Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia by order of that court of 14 December 2004 in WWF Italia and Others v Regione di Lombardia and with the intervention of the Associazione migratoristi italiani

(Case C-60/05)

(2005/C 93/24)

Language of the case: Italian

Reference has been made to the Court of Justice of the European Communities by order of the Tribunale Amministrativo Regionale per la Lombardia (Italy) of 14 December 2004, received at the Court Registry on 10 February 2005, for a preliminary ruling in the proceedings between WWF Italia and Others and Regione di Lombardia, and with the intervention of the Associazione migratoristi italiani, on the following questions:

| 1. | Is Directive 79/409/EC (1) to be interpreted as meaning that, irrespective of the internal allocation of powers between the State and the Regions laid down by national systems, the Member States must prepare implementing provisions governing all situations considered deserving of protection by the same, in particular as regards ensuring that hunting derogations do not exceed the small numbers laid down in Article 9(1)(c)? |
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1.

Is Directive 79/409/EC (1) to be interpreted as meaning that, irrespective of the internal allocation of powers between the State and the Regions laid down by national systems, the Member States must prepare implementing provisions governing all situations considered deserving of protection by the same, in particular as regards ensuring that hunting derogations do not exceed the small numbers laid down in Article 9(1)(c)?

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| 2. | As regards in particular the numbers of hunting derogations, should Directive 79/409/EC be interpreted as meaning that the national implementing provision must refer to a criterion which is determined or can be determined, and even entrusted to qualified technical bodies, so that the exercise of hunting derogations is governed by criteria objectively establishing a quantitative level which may not be exceeded at national or regional level, having regard to the various environmental conditions which may prevail? |
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2.

As regards in particular the numbers of hunting derogations, should Directive 79/409/EC be interpreted as meaning that the national implementing provision must refer to a criterion which is determined or can be determined, and even entrusted to qualified technical bodies, so that the exercise of hunting derogations is governed by criteria objectively establishing a quantitative level which may not be exceeded at national or regional level, having regard to the various environmental conditions which may prevail?

| 3. | Does the national provision in Article 19 of Law No 157/92, by requiring the obligatory, but non-binding, opinion of INPS to determine that criterion without, however, providing for a process for reaching agreement between the regions on the binding determination of the distribution for each species of the numerical limits of hunting derogations set at national level as small numbers, constitute a proper application of Article 9 of the Directive? |
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3.

Does the national provision in Article 19 of Law No 157/92, by requiring the obligatory, but non-binding, opinion of INPS to determine that criterion without, however, providing for a process for reaching agreement between the regions on the binding determination of the distribution for each species of the numerical limits of hunting derogations set at national level as small numbers, constitute a proper application of Article 9 of the Directive?

| 4. | Is the procedure for verifying the compatibility with Community provisions of the hunting derogations authorised by the Italian Regions under Article 19a of Law No 157/92, preceded by a period of notice and therefore requiring fixed periods of time, which are also necessary for the adoption and publication of the measure, during which the brief period of hunting derogations itself may expire, suitable for ensuring effective application of Directive 79/409/EC? |
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4.

Is the procedure for verifying the compatibility with Community provisions of the hunting derogations authorised by the Italian Regions under Article 19a of Law No 157/92, preceded by a period of notice and therefore requiring fixed periods of time, which are also necessary for the adoption and publication of the measure, during which the brief period of hunting derogations itself may expire, suitable for ensuring effective application of Directive 79/409/EC?

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(1)  OJ L 103 of 25.04.1979, p. 1.

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