Case C-386/01: Action brought on 8 October 2001 by the Commission of the European Communities against the Kingdom of Spain
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, approximation of laws, consumer credit, cost of borrowing

10.11.2001

EN

Official Journal of the European Communities

C 317/23

Pleas in law and main arguments

The applicant claims that the Court should

The Commission submits that the provisions of Articles 5(c)
and (e) and 6(1) of the directive apply equally to live or dead
birds and to readily recognisable parts or derivatives of birds
and to their eggs which a person keeps on the territory of the
legislating Member State and which have been killed, captured
or otherwise acquired, or of which that person has obtained
possession by any other means in a Member State other than
the legislating Member State, subject to Articles 1 and 9 as
regards the prohibition on keeping refered to in Article 5(c)
and (e), and subject to Article 6(2) as regards the acts referred
to in Article 6(1) of the directive. Consequently, Articles 5(c)
and (e) and 6(1) of the directive apply to species and subspecies
of birds naturally occurring in the wild state in the European
territory of the Member States to which the Treaty applies,
even though not naturally occurring in the wild state in
Belgium, and also to subspecies of birds naturally occurring in
the wild state only outside the European territory of the
Member States where the species to which they belong or
other subspecies of that species occur naturally in the wild
state in the territory in question.

The period for transposing the directive expired on 16 April
1981.

(1) Council Directive 79/409/EEC of 2 April 1979 on the conser-

vation of wild birds (OJ L 103 of 25.04.1979, p. 1).

1. Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 98/7/EC of the European Parliament and of
the Council of 16 February 1998 amending Directive
87/102/EEC for the approximation of the laws, regu-
lations and administrative provisions of the Member
States concerning consumer credit (1), or, in any event, by
failing to communicate such provisions to the Com-
mission, the Kingdom of Spain has failed to fulfil its
obligations under Article 2(1) of that directive;

2. Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

According to Article 2(1) of the directive, the Kingdom of
Spain was to have brought into force the provisions necessary
to comply with it no later than 21 April 2001 and inform the
Commission immediately thereof.

(1) OJ 1998 L 101, p. 17.

Removal from the register of Case C-412/00 (1)

(2001/C 317/44)

By order of the President of the Court of Justice of the
European Communities has ordered the removal from the
register of Case C-412/00: Commission of the European
Communities v Portuguese Republic.

Action brought on 8 October 2001 by the Commission
of the European Communities against the Kingdom of
Spain

(1) OJ C 28 of 27.1.2001.

(Case C-386/01)

(2001/C 317/43)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 8 Octo-
ber 2001 by the Commission of the European Communities,
represented by I. Martı´nez del Peral, acting as Agent, with an
address for service in Luxembourg at the office of L. Escobar,
Wagner Centre C 254.

Removal from the register of Case C-414/00 (1)

(2001/C 317/45)

By order of 10 September 2001 the President of the Fourth
Chamber of the Court of Justice of the European Communities
has ordered the removal from the register of Case C-414/00:
Commission of
the European Communities v Portuguese
Republic.

(1) OJ C 28 of 27.1.2001.