Opinion of the Advocate General — ECLI:EU:C:2007:263
Date: 2007-05-03
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 1. Environment – Conservation of wild birds – Directive 79/409 (Council Directive 79/409, Art. 4(4)) 2. Environment – Conservation of wild birds – Directive 79/409 (Council Directive 79/409, Art. 4) 3. Environment – Conservation of wild birds – Directive 79/409 (Council Directives 79/409, Art. 4(4), and 92/43, Arts 6(2) and 7) 1. Article 4(4) of Directive 79/409 on the conservation of wild birds requires Member States to take, in respect of special protection areas, appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of that article. Member States must comply with the obligations arising inter alia under that provision, even where the area in question has not been classified as a special protection area, provided that it should have been so classified. (see paras 17-18) 2. The Inventory of Important Bird Areas, although not legally binding on the Member States concerned, contains scientific evidence making it possible to assess whether a Member State has complied with its obligation to classify as special protection areas the most suitable territories in number and size for conservation of the protected species. (see para. 19) 3. Since the ‘Valloni e steppe pedegarganiche’ area was classified as a special protection area on 28 December 1998, the provision applicable to that area since that date is Article 6(2) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, and not the first sentence of Article 4(4) of Directive 79/409 on the conservation of wild birds. So far as concerns areas classified as special protection areas, Article 7 of Directive 92/43 provides that the obligations arising under Article 4(4) of Directive 79/409 are replaced, inter alia, by the obligations arising under Article 6(2) of Directive 92/43 as from the date of implementation of the latter directive or the date of classification under Directive 79/409, where the latter date is later. (see paras 24-25)