Opinion of the Advocate General — ECLI:EU:C:2002:148
Date: 2002-03-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Summary of the Judgment 
Environment — Conservation of wild birds — Directive 79/409 — Classification as a 
special protection area after implementation of Directive 92/43 — Effects 
(Council Directives 79/409, Art. 4(4) and 92/43, Arts 6(2) and 7) 
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SUMMARY — CASE C-117/00 
The Owenduff-Nephin Beg Complex was 
classified as a special protection area in 
October 1996 and thus it is Article 6(2) of 
Directive 92/43 on the conservation of 
natural habitats and of wild fauna and 
flora, rather than the first sentence of 
Article 4(4) of Directive 79/409 on the 
conservation of wild birds, that applies to 
the area. In so far as concerns land 
classified as a special protection area, 
Article 7 of Directive 92/43 provides that 
the obligations arising under the first 
sentence of 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 para. 25) 
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