Judgment of the Court (Seventh Chamber) of 26 January 2012 — Commission v Poland

(Case C-192/11)

‛Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive’

1. Environment — Conservation of wild birds — Directive 2009/147 — Field of application — Species naturally occurring in the wild state in the European territory of the Union — Complete, effective protection necessary (European Parliament and Council Directive 2009/147, Art. 1) (see paras 23-25)

2. 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 in the reasoned opinion (Art. 258 TFEU) (see paras 27, 42)

3. Acts of the institutions — Directives — Implementation by Member States — Implementation by way of administrative practices — Insufficient (Art. 288(3) TFEU; European Parliament and Council Directive 2009/147) (see para. 48)

4. Environment — Conservation of wild birds — Directive 2009/147 — Transposition without legislative action — Limits — Management of a common heritage — Faithful transposition by the Member States necessary (European Parliament and Council Directive 2009/147) (see paras 56-58)

5. Environment — Conservation of wild birds — Directive 2009/147 — Implementation by Member States — Conditions for the grant of derogations from the prohibitions laid down in the directive (European Parliament and Council Directive 2009/147, Art. 9) (see paras 72, 73, 75, 78)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 1, 5 and 9(1) and (2) of 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) — Field of application — Protection restricted to species of birds occurring in national territory only — Incorrect definition of the conditions for derogating from the prohibitions laid down by the directive.

Operative part

The Court:

1. Declares that, by failing to apply national conservation measures to all species of birds naturally occurring in the wild state in the European territory of the Member States and entitled to protection under Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, and likewise by failing to define correctly the conditions to be met in order to be able to derogate from the prohibitions laid down by that directive, the Republic of Poland has failed to fulfil its obligations under Articles 1, 5 and 9(1) and (2) of that directive;

2. Orders the Republic of Poland to pay the costs.

Judgment of the Court (Seventh Chamber) of 26 January 2012 — Commission v Poland

(Case C-192/11)

‛Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive’

1. Environment — Conservation of wild birds — Directive 2009/147 — Field of application — Species naturally occurring in the wild state in the European territory of the Union — Complete, effective protection necessary (European Parliament and Council Directive 2009/147, Art. 1) (see paras 23-25)

2. 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 in the reasoned opinion (Art. 258 TFEU) (see paras 27, 42)

3. Acts of the institutions — Directives — Implementation by Member States — Implementation by way of administrative practices — Insufficient (Art. 288(3) TFEU; European Parliament and Council Directive 2009/147) (see para. 48)

4. Environment — Conservation of wild birds — Directive 2009/147 — Transposition without legislative action — Limits — Management of a common heritage — Faithful transposition by the Member States necessary (European Parliament and Council Directive 2009/147) (see paras 56-58)

5. Environment — Conservation of wild birds — Directive 2009/147 — Implementation by Member States — Conditions for the grant of derogations from the prohibitions laid down in the directive (European Parliament and Council Directive 2009/147, Art. 9) (see paras 72, 73, 75, 78)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 1, 5 and 9(1) and (2) of 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) — Field of application — Protection restricted to species of birds occurring in national territory only — Incorrect definition of the conditions for derogating from the prohibitions laid down by the directive.

Operative part

The Court:

1. Declares that, by failing to apply national conservation measures to all species of birds naturally occurring in the wild state in the European territory of the Member States and entitled to protection under Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, and likewise by failing to define correctly the conditions to be met in order to be able to derogate from the prohibitions laid down by that directive, the Republic of Poland has failed to fulfil its obligations under Articles 1, 5 and 9(1) and (2) of that directive;