# C_2005132EN.01001401.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/14 |
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28.5.2005

EN

Official Journal of the European Union

C 132/14

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Action brought on 21 March 2005 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

(Case C-131/05)

(2005/C 132/27)

Language of the case: English

An action against the United Kingdom of Great Britain and Northern Ireland was brought before the Court of Justice of the European Communities on 21 March 2005 by the Commission of the European Communities, represented by Mr Michel Van Beek, acting as Agent, assisted by Mr Frédéric Louis, avocat, and Mr Antonio Capobianco, avvocato, with an address for service in Luxembourg.

The applicant claims that the Court should:

| 1. | declare that, in failing to comply with its obligations under Article 6(1) of Council Directive 79/409/EEC on the conservation of wild birds (1) and under Article 12(2) and Article 13(1), both read in conjunction with Article 2(1) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, (2) the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under these Directives; |
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declare that, in failing to comply with its obligations under Article 6(1) of Council Directive 79/409/EEC on the conservation of wild birds (1) and under Article 12(2) and Article 13(1), both read in conjunction with Article 2(1) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, (2) the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under these Directives;

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| 2. | order the United Kingdom of Great Britain and Northern Ireland to pay the costs. |
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2.

order the United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

The Commission maintains that:

| — | by limiting the prohibition contained in Article 6(1) of Directive 79/409/EEC, the Wild Birds Directive, regarding the sale, transport for sale, keeping for sale and the offering for sale of wild birds to species resident in, or visitors to, Great Britain, the United Kingdom has infringed the aforementioned article as the prohibition is clearly intended to cover all species of naturally occurring birds in the wild state in the European territory of the Member Staes to which the Treaty applies; |
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by limiting the prohibition contained in Article 6(1) of Directive 79/409/EEC, the Wild Birds Directive, regarding the sale, transport for sale, keeping for sale and the offering for sale of wild birds to species resident in, or visitors to, Great Britain, the United Kingdom has infringed the aforementioned article as the prohibition is clearly intended to cover all species of naturally occurring birds in the wild state in the European territory of the Member Staes to which the Treaty applies;

| — | by limiting the prohibition contained in Article 12(2) of Directive 92/43/EEC, the Habitats Directive, regarding the keeping, transport and sale or exchange, and offering for sale or exchange of the animal species listed in Annex IV(a) of the Directive to animal species whose natural range includes Great Britain, the United Kingdom has infringed the aforementioned article as, as a consequence of that limitation, the list of protected animal species covered by the UK legislation is shorter than the list in Annex IV of the directive; |
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by limiting the prohibition contained in Article 12(2) of Directive 92/43/EEC, the Habitats Directive, regarding the keeping, transport and sale or exchange, and offering for sale or exchange of the animal species listed in Annex IV(a) of the Directive to animal species whose natural range includes Great Britain, the United Kingdom has infringed the aforementioned article as, as a consequence of that limitation, the list of protected animal species covered by the UK legislation is shorter than the list in Annex IV of the directive;

| — | by limiting the prohibition on the trade in plant species contained in Article 13(1) of the Habitats Directive to species ‘whose natural range includes any area in Great Britain as listed in Schedule 4 [of the 1994 Regulations]’ the United Kingdom has infringed the aforementioned Article as, as a consequence of that limitation, the list of protected plant species in Schedule 4 is shorter than the list of protected species in Annex IV(b) of the Habitats Directive. |
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by limiting the prohibition on the trade in plant species contained in Article 13(1) of the Habitats Directive to species ‘whose natural range includes any area in Great Britain as listed in Schedule 4 [of the 1994 Regulations]’ the United Kingdom has infringed the aforementioned Article as, as a consequence of that limitation, the list of protected plant species in Schedule 4 is shorter than the list of protected species in Annex IV(b) of the Habitats Directive.

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

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(2)  OJ L 206, 22.07.1992, p. 7.

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