Opinion of the Advocate General — ECLI:EU:C:2002:649
Date: 2002-11-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment 
1. Environment — Conservation of wild birds — Directive 79/409 — Classification of 
special protection areas — Obligation of the Member States — Obligation to adopt 
measures which automatically link the classification of a site as a special protection 
area to the application of a protection regime 
(Council Directive 79/409, Art. 4) 
I - 2081 
SUMMARY — CASE C-415/01 
2. Acts of the institutions — Directives — Implementation by the Member States — 
Need for clear and precise transposition 
(Art. 249 EC) 
1. Article 4(1) and (2) of Directive 79/409 
on the conservation of wild birds 
requires the Member States to provide 
special protection areas with a legal 
protection regime that is capable, in 
particular, of ensuring both the sur­
vival and reproduction of the bird 
species listed in Annex I to the directive 
and the breeding, moulting and win­
tering of migratory species not listed in 
that annex which are regular visitors. 
Under paragraph 4 of that article, as 
amended in part in relation to special 
protection areas by Article 7 of Direc­
tive 92/43 on the conservation of 
natural habitats and of wild fauna 
and flora, the legal protection regime 
of those areas must also guarantee the 
avoidance therein of the deterioration 
of natural habitats and the habitats of 
species as well as significant disturb­
ance of the species for which those 
areas have been designated. 
The absence of any national provision 
linking the classification of a site as a 
special protection area to the appli­
cation of a protection regime such as 
that described in the said Article 4 
undermines the objective of special 
protection for wild bird life. 
(see paras 15-17) 
2. The provisions of directives must be 
implemented with unquestionable 
binding force, and the specificity, 
precision and clarity necessary to sat­
isfy the requirements of legal certainty 
which requires appropriate publicity 
for the national measures adopted 
pursuant to Community rules in such 
a way as to enable the persons con­
cerned by such measures to ascertain 
the scope of their rights and obligations 
in the particular area governed by 
Community law. 
(see para. 21) 
I - 2082