Judgment of the Court (Sixth Chamber) of 13 June 2002 in Case C-117/00: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Special protection areas)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, protected area, protection of animal life

27.7.2002

EN

Official Journal of the European Communities

C 180/3

the Convention of 27 September 1968 on Jurisdiction and the
Enforcement of Judgments in Civil and Commercial Matters,
by the Bundesgerichtshof (Germany) for a preliminary ruling
in the proceedings pending before that court between Italian
Leather SpA and WECO Polstermöbel GmbH & Co., on the
interpretation of Title III, headed ‘Recognition and enforce-
ment’, of the abovementioned Convention of 27 September
1968 (OJ 1978 L 304, p. 36), as amended by the Convention
of 9 October 1978 on the Accession of the Kingdom of
Denmark, Ireland and the United Kingdom of Great Britain
and Northern Ireland (OJ 1978 L 304, p. 1 and — amended
text — p. 77), by the Convention of 25 October 1982 on the
Accession of the Hellenic Republic (OJ 1982 L 388, p. 1) and
by the Convention of 26 May 1989 on the Accession of the
Kingdom of Spain and the Portuguese Republic (OJ 1989
L 285, p. 1), the Court (Fifth Chamber), composed of: P. Jann,
President of the Chamber, D.A.O. Edward, A. La Pergola,
M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges;
P. Léger, Advocate General; H.A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 6 June 2002, in
which it has ruled:

1. On a proper construction of Article 27(3) of the Convention of
27 September 1968 on Jurisdiction and the Enforcement of
Judgments in Civil and Commercial Matters, as amended by
the Convention of 9 October 1978 on the Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland, by the Convention of
25 October 1982 on the Accession of the Hellenic Republic
and by the Convention of 26 May 1989 on the Accession of
the Kingdom of Spain and the Portuguese Republic, a foreign
decision on interim measures ordering an obligor not to carry
out certain acts is irreconcilable with a decision on interim
measures refusing to grant such an order in a dispute between
the same parties in the State where recognition is sought.

2. Where a court of the State in which recognition is sought finds
that a judgment of a court of another Contracting State is
irreconcilable with a judgment given by a court of the former
State in a dispute between the same parties, it is required to
refuse to recognise the foreign judgment.

(1) OJ C 147 of 27.5.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 June 2002

in Case C-117/00: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations —
Directives 79/409/EEC and 92/43/EEC — Conservation of
wild birds — Special protection areas)

(2002/C 180/05)

(Language of the case: English)

In Case C-117/00, Commission of the European Communities
(Agent: R. Wainwright) v Ireland (Agent: D. J. O’Hagan, assisted
by C. Mac Eochaidh, BL): Application for a declaration that, by
failing to take all the measures necessary to comply with
Article 3 of Council Directive 79/409/EEC of 2 April 1979 on
the conservation of wild birds (OJ 1979 L 103, p. 1), in respect
of the Red Grouse, and with the first sentence of Article 4(4)
of that directive and Article 6(2) of Council Directive 92/43/
EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora (OJ 1992 L 206, p. 7), in respect
of the Owenduff-Nephin Beg Complex special protection area,
Ireland has failed to comply with those directives and has
failed to fulfil its obligations under the EC Treaty, the Court
(Sixth Chamber), composed of: F. Macken, President of the
Chamber, C. Gulmann (Rapporteur) and V. Skouris, Judges;
P. Léger, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 13 June 2002, in which it:

1. Declares that, by failing to take the measures necessary to
safeguard a sufficient diversity and area of habitats for the Red
Grouse and by failing to take appropriate steps to avoid, in the
Owenduff-Nephin Beg Complex special protection area, the
deterioration of the habitats of the species for which the special
protection area was designated, Ireland has failed to fulfil its
obligations under Article 3 of Council Directive 79/409/EEC
of 2 April 1979 on the conservation of wild birds and
Article 6(2) of Council Directive 92/43/EEC of 21 May 1992
on the conservation of natural habitats and of wild fauna and
flora;

2. Orders Ireland to pay the costs.

(1) OJ C 163 of 10.6.2000.