Judgment — ECLI:EU:C:2008:279
Date: 2008-05-15
Language of the case: Italian
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Order of the President of the Court of 19 December 2006 – Commission v Italy (Case C‑503/06 R) Applications for interim measures – Application for suspension of operation and interim measures – Application for a ruling without hearing the other party – Protection of birds – Derogations Applications for interim measures – Suspension of operation of a measure – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Balancing of all the interests involved – Interest in the sound administration of justice (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 84(2); Council Directive 79/409) (see paras 14-20) Re: Failure by a Member State to fulfil obligations – Adoption and application by the Region of Liguria of legislation authorising derogations from the system of protection for wild birds failing to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds (OJ 1979 L 103, p. 1). Operative part 1. The Italian Republic shall suspend operation of Law No 36/2006 of the Region of Liguria of 31 October 2006, implementing the derogation provided for in Article 9 of Directive 79/409/EEC concerning the conservation of wild birds, for the hunting season of 2006/2007, until delivery of the order terminating the present interim proceedings. 2. The costs are reserved.