Keywords

Summary



Keywords

1. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down by the reasoned opinion — (Art. 226 EC)

2. Actions for failure to fulfil obligations — Subject-matter of the dispute — Determination by the reasoned opinion — Time-limit imposed on the Member State — Later cessation of the failure to fulfil obligations — Interest in continuing the action — National decision which is the source of the failure to fulfil obligations still in force on expiry of the time-limit imposed on the Member State — (Art. 226 EC)

3. Environment — Conservation of natural habitats and of wild fauna and flora — Directive 92/43 — Special protection areas — Obligations of Member States — Assessment of the impact of a project on a site — Negative conclusions — Obligation to take into account the likelihood of adverse effects on the integrity of the area — (Council Directives 79/409, Art. 4, and 92/43, Arts 6(3) and (4) and 7)

Summary

1. The question whether a Member State has failed to fulfil obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes.

see para. 16

2. An action for failure to fulfil obligations cannot in any case be regarded as being devoid of purpose when, on expiry of the time-limit fixed by the Commission for the Member State in question to comply with the reasoned opinion, the national decision regarded by the Commission as the source of the Member State ' s failure to fulfil its obligations and subsequently quashed by a court decision was still in force and, moreover, the extension to the golf course provided for by that decision had in the meantime been created.

see paras 17-18

3. It can be seen from Article 6(3) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, read in conjunction with Article 7 of that directive, that any plan or project not directly connected with or necessary to the management of a special protection area classified under Article 4 of Directive 79/409 on the conservation of wild birds but likely to have a significant effect on that special protection area, either individually or in combination with other plans or projects, is to be subject to appropriate assessment of its implications for that area in view of its conservation objectives. In the light of the conclusions of the assessment of the implications for the special protection area, the competent national authorities are to agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the special protection area concerned and, if appropriate, after having obtained the opinion of the general public.

A Member State which authorises a planned extension to a golf course despite the negative conclusions of an impact assessment on the habitat of the corncrake ( crex crex ) in a special protection area classified under Article 4 of Directive 79/409 fails to fulfil its obligations under Article 6(3) and (4) in conjunction with Article 7 of Directive 92/43.

see paras 22, 29, operative part