Order of the Court of First Instance (Fourth Chamber) of 26 October 2017 – Federcaccia Toscana and Others v Commission

(Case T-562/15)

(Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period for hunting in Tuscany)

1. Actions for failure to act–Natural or legal persons–Actionable omissions–Commission’s failure to update certain national information relating to wild birds contained in a document covered by Directive 2009/147 and intended to be used as a basis for national laws on periods for hunting–Not a challengeable act within the meaning of Article 263 TFEU–Inadmissibility (Arts 263, fourth para. TFEU and 265, third para. TFEU; European Parliament and Council Directive 2009/147, Art. 7(4)) (see paras 56-58, 62, 65-69)

2. Environment–Conservation of wild birds–Directive 2009/147–Adaption to scientific and technical progress–ORNIS Committee–Functions –Provision of assistance and advice to the Commission–Information kept by the Committee–Non-binding nature (European Parliament and Council Directive 2009/147, Art. 16) (see paras 65-67, 82, 107)

3. Actions for failure to act–Natural or legal persons–Measures of direct and individual concern to them–Commission’s failure to update certain national information relating to wild birds contained in a document covered by Directive 2009/147 and intended to be used as a basis for national laws on periods for hunting–Action brought by hunters–Person concerned not affected directly and individually–Inadmissibility (Arts 263, fourth para. TFEU and 265, third para. TFEU; European Parliament and Council Directive 2009/147, Art. 7(4)) (see paras 71, 72, 75-78, 93, 98)

4. Environment–Conservation of wild birds–Directive 2009/147–Obligation to prohibit hunting during certain periods of particular vulnerability of birds–Specification of the pre-nuptial migration periods of birds in a document prepared by the ONIS Committee–Updating of the information contained in that document–Obligation of the Commission and the Member States (European Parliament and Council Directive 2009/147, fourth recital and Art. 7(4)) (see paras 88-91, 105)

5. Actions for annulment–Actionable measures–Concept–EU Pilot Measure adopted in the context of an EU Pilot procedure–Not included (Art. 263, fourth para. TFEU) (see para. 96)

6. Actions for damages–Autonomous form of action–Difference compared to an action for annulment (Arts 263 TFEU and 268 TFEU) (see para. 103)

Re:

APPLICATION based on Article 265 TFEU seeking a declaration that the Commission unlawfully failed to update certain Italian data in the document on key concepts, established by the ORNIS Committee, which is provided for in Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7); application based on Article 263 TFEU seeking annulment of the Commission’s letter of 6 October 2014 stating that the extension in Italy of the hunting season for certain species of bird is incompatible with EU law; and application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicants as a result of the Commission’s failure to update the Italian data.

Operative part

1. The action is dismissed.