Case C-378/01: Action brought on 2 October 2001 by the Commission of the European Communities against the Italian Republic
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, bird, protected area, protected species

8.12.2001

EN

Official Journal of the European Communities

C 348/13

The Applicant requests that the Court should:

— declare that by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Council Directive 97/43/Euratom of 30 June 1997 laying
down provisions concerning health protection of individ-
uals against the dangers of ionising radiation in relation
to medical
repealing Directive
84/466/Euratom (1) or in any event by failing to com-
municate them to the Commission, Ireland has failed to
fulfil its obligations under that Directive,

exposure,

and

79/409/EEC (1) and subsequent amendments thereto and
other migratory species which regularly return to Italy,
the
and by failing to send to the Commission all
appropriate information relevant to most of the special
protection areas classified by it, the Italian Republic has
failed to fulfil its obligations under Article 4(1), (2) and
(3) of that Directive.

— Order the Italian Republic to pay the costs.

— order Ireland to pay the costs.

Pleas in law and main argument

Pleas in law and main argument

Article 249 EC under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the Directive. That period
expired on 13 May 2000 without Ireland having enacted the
provisions necessary to comply with the Directive referred to
in the conclusions of the Commission.

their obligations under Article 4 of

In spite of the efforts made by the Italian authorities to
the Directive,
fulfil
the Commission finds that the classification of the special
protection areas (SPA) still does not meet the requirements of
that provision, either in so far as concerns the species of birds
mentioned in Annex 1 to the Directive or in so far as concerns
the other species of migratory birds which return regularly.

(1) OJ L 180, 9.7.1997, p. 22.

Action brought on 2 October 2001 by the Commission
of the European Communities against the Italian Republic

(Case C-378/01)

(2001/C 348/23)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 2 October
2001 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,
acting as Agents.

The applicant claims that the Court should:

— Declare that, by failing adequately to classify as special
protection areas the most suitable zones, in terms of
number and surface area, for the protection of those
to Council Directive
species mentioned in Annex I

In view of the present number and surface of the SPAs in Italy,
it is clear that many bird species listed in Annex I to the
Directive and many other migratory species are not adequately
protected. Another factor which shows the inadequacy of the
classification of the SPAs carried out by the Italian authorities
is the fact that a large number of internationally important
wetlands have not been designated. Moreover, a comparison
between the number of ‘Important bird areas’ (IBA) and the
number of IBAs partly or wholly covered by SPAs, so far as
certain autonomous regions and provinces are concerned,
shows that, notwithstanding that the situation has improved
for a number of regions, there remain some substantial aspects
in which they fall short,
in particular in respect of some
regions which are extremely important for wild birds.

Finally, the information sent by Italy to the Commission is in
many ways inadequate. In particular, the ornithological data is
often inadequate inasmuch as it is both incomplete and
inaccurate. Those deficiencies infringe Article 4(3) of the
Directive and prevent the Commission from being able to
carry out its coordinating role in order to ensure that the
SPAs form a coherent whole which meets the protection
requirements of the affected species.

(1) OJ 1979 L 103 of 25.4.1979, p. 1.