Case C-221/04: Action brought on 27 May 2004 by Commission of the European Communities against Kingdom of Spain
Date: 2004-07-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, hunting, protected area, protected species, protection of animal life, wildlife

10.7.2004

EN

Official Journal of the European Union

C 179/9

Action brought on 26 May 2004 by the Hellenic Republic
against the Commission of the European Communities

(Case C-218/04)

(2004/C 179/18)

An action against the Commission of the European Commu-
nities was brought on 26 May 2004 before the Court of Justice
of the European Communities by the Hellenic Republic, repre-
sented by Vasilios Kontolaimos,
legal adviser, and Joannis
Kalkias, of the special office for Community law of the State
Legal Service of the Ministry of Agriculture and by Sofia Callas,
substitute legal adviser of the Special Legal Service of the Com-
munity law section of the Ministry for Foreign Affairs, with an
address for service at
the Greek Embassy, 27 rue Marie-
Adelaide.

The applicant claims that Court should:

— Annul Commission Decision C (2002) 1070 fin of 30
March 2004 in which it sought reimbursement of
the
amount of EUR 710 341 paid by the Commission by way
of co-financed expenditure for
the
common vineyard register.

the setting up of

Pleas in law and main arguments

1. Infringement of the law.

2. Misuse of powers.

3. The Commission Decision claiming recovery of the amount
granted does not accord with the principle of proportion-
ality and the principle of cooperation by the Commission
with the Member States.

Action brought on 27 May 2004 by Commission of the
European Communities against Kingdom of Spain

(Case C-221/04)

(2004/C 179/19)

2004 by the Commission of the European Communities, repre-
sented by M. van Beek and G. Valero Jordana, acting as Agents,
with an address for service in Luxembourg.

The applicant claims that the Court of Justice should:

— declare that, in so far as the authorities in Castilla y Leon
authorise the setting of snares in several private hunting
areas, the Kingdom of Spain has failed to fulfil its obliga-
tions under Article 12(1) and Annex VI of Council Directive
92/43/EEC (1) of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The permits for fox hunting with snares granted by the authori-
ties of Castilla y León are contrary to Article 12(1) and Annex
VI of Directive 92/43/EEC for two reasons.

First, the use of snares has been authorised in the regions of
Aldeanueva de la Sierra and Mediana de Voltoya, which
involves the hunting or deliberate disturbance of an animal
species, Lutra lutra (Otter), included in Annex IV of the Direc-
tive, which is a species of Community interest that requires
special protection. The authorities of Castilla y León have
recognised the presence of otters in those regions.

Second, the snare is a non-selective method of hunting, since
any animal may be trapped, regardless of whether or not its
capture is desired (in this case the fox). The Spanish authorities'
argument that the permits contain a clause requiring other
species to be freed does not mean the traps are selective, since
the animals captured usually suffer injury, including the loss of
limbs, by attempting to free themselves from the snares.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 27 May

(1) OJ L 206 of 22. 7. 1992, p. 7.