Opinion of the Advocate General — ECLI:EU:C:2006:597
Date: 2006-09-21
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Ireland

Summary of the Judgment 1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) 2. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Strict protection for the animal species listed in Annex IV(a) (Council Directive 92/43, Art. 12(1)(b) and (d), and Annex IV(a)) 3. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 EC) 1. In an action under Article 226 EC, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion, and any subsequent changes cannot be taken into account. (see para. 17) 2. The transposition of Article 12(1) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, which provides that the Member States are to take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV(a) to that directive in their natural range, requires those Member States not only to adopt a comprehensive legislative framework but also to implement concrete and specific protection measures. Similarly, the system of strict protection presupposes the adoption of coherent and coordinated measures of a preventive nature. (see paras 28-30) 3. In an action for failure to fulfil obligations brought under Article 226 EC it is for the Commission to prove that the obligation has not been fulfilled, without being able to rely on any presumption. (see para. 39)