Judgment — ECLI:EU:C:2008:706
Date: 2008-12-11
Language of the case: Greek
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Greece

Action brought on 18 June 2007 - Commission of the European Communities v Hellenic Republic (Case C-293/07) Language of the case: Greek Parties Applicant: Commission of the European Communities (represented by: M. Konstantinidis and D. Recchia) Defendant: Hellenic Republic Form of order sought The Court is asked to: declare that, by failing to take all the measures necessary to establish and apply a coherent, specific and integrated legal regime capable of ensuring viable management and effective protection of areas designated as Special Protection Areas, in the light of the conservation objectives of Council Directive 79/409/EEC 1 of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under Article 4(1) and (2), in conjunction with the first sentence of Article 4(4) of that directive, as amended by Article 6(2) to (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora order the Hellenic Republic to pay the costs. Pleas in law and main arguments On the basis of a large number of complaints, Parliamentary questions and petitions, the Commission maintains that the Hellenic Republic is not properly applying the provisions of Directive 79/409/EEC which requires measures to be taken for the conservation of wild bird habitats and for the avoidance of their pollution and deterioration. In the Commission's view, the infringement of the directive consists in the lack of protection for Special Protection Areas (SPAs) and also the existence of activities which may damage their integrity and have significant negative consequences for the objectives of conservation of SPAs and of the species for which the areas have been defined. The argument of the Greek authorities that the existing legislative framework ensures to a satisfactory degree the protection of all types of wild birds and their respective habitats is countered by the Commission with the argument that that framework does not constitute a specific and effective protection framework for all SPAs. ____________ 1 - OJ L 103 of 25.4.1979, p. 1.