Judgment of the Court (Third Chamber) of 20 March 2003 in Case C-143/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)
Date: 2003-05-10
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental impact, impact study, protected area

10.5.2003

EN

Official Journal of the European Union

C 112/7

JUDGMENT OF THE COURT

(Third Chamber)

of 20 March 2003

in Case C-143/02: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats — Wild
fauna and flora)

(2003/C 112/12)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-143/02, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, in adopting legislation transposing Council Direc-
tive 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),
which:

— excludes from the scope of the rules on the assessment of
the implications for the environment projects other
than those listed in the Italian legislation implementing
directives on environmental impact assessment that are
likely to have a significant effect on sites of Community
importance,

— fails to impose upon the competent authorities of the
Member State any obligation to take appropriate steps in
respect of special protection areas to avoid the deterio-
ration of natural habitats and of the habitats of species or
disturbance of the species for which the areas were
designated,
in so far as such disturbance could be
significant in relation to the objectives of Directive 92/
43,

— fails to provide that the conservation measures referred
to in Article 6(2) of that directive apply to the sites
referred to in Article 5(1) of that directive,

the Italian Republic has failed to fulfil its obligations under
Articles 5, 6 and 7 of that directive, the Court (Third Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
C. Gulmann (Rapporteur) and F. Macken, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 20 March 2003, in which it:

1. Declares that,

in adopting a measure transposing Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, which:

— excludes from the scope of the rules on the assessment of
the implications for the environment projects other than
those listed in the Italian legislation implementing direc-
tives on environmental impact assessment that are likely
to have a significant effect on sites of Community
importance,

— fails to impose upon the competent authorities of the
Member State any obligation to take appropriate steps in
respect of special protection areas to avoid the deterioration
of natural habitats and of the habitats of species or
the species for which the areas were
disturbance of
designated,
in so far as such disturbance could be
significant in relation to the objectives of Directive 92/
43,

— fails to provide that the conservation measures referred to
in Article 6(2) of that directive apply to the sites referred
to in Article 5(1) of that directive,

the Italian Republic has failed to fulfil its obligations under
Articles 5, 6 and 7 of that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 144 of 15.6.2002.

Reference for a preliminary ruling by the Oberlandesger-
icht Rostock by order of that Court of 5 February 2003 in
the procurement review procedure 1. Simrad GmbH &
Co. KG, 2. Kongsberg Simrad AS against Ministry for
Education, Science and Culture Mecklenburg-Vorpom-
mern

(Case C-50/03)

(2003/C 112/13)

Justice of the
Reference has been made to the Court of
European Communities by order of the Oberlandesgericht
Rostock (Higher Regional Court, Rostock) of 5 February 2003,
received at the Court Registry on 10 February 2003, for a
preliminary ruling in the procurement review procedure
1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against
Ministry for Education, Science and Culture Mecklenburg-
Vorpommern on the following questions: