Case C-335/04: Action brought on 30 July 2004 by the Commission of the European Communities against the Republic of Austria
Date: 2004-09-25
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, employment policy, equal treatment, ethnic discrimination, national implementing measure, racial discrimination, social policy

C 239/8

EN

Official Journal of the European Union

25.9.2004

Action brought on 30 July 2004 by the Commission of the
European Communities against the Hellenic Republic

The Commission concludes therefrom that those SPAs have not
been designated on the basis of ornithological criteria as
required by Article 4 of the directive.

(Case C-334/04)

(2004/C 239/14)

Greek national territory is of great ornithological importance
for many of the species of wild birds mentioned in Annex I to
the directive, including species under threat worldwide. Those
species are not sufficiently covered by the existing SPAs in
Greece.

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 30 July 2004
by the Commission of the European Communities, represented
by Maria Patakia and Michel van Beek, of its Legal Service.

The Commission claims that the Court should declare that:

by classifying as special protection areas (SPAs) territories the
number and overall size of which fall clearly short of the
number and overall size of territories fulfilling the precondi-
tions for classification as special protection areas within the
meaning of Article 4 of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds,

by designating SPAs of a size clearly smaller than the corres-
ponding IBA 2000 territories which fulfil the preconditions for
classification as SPAs,

by failing to designate SPAs for many species of birds included
in Annex I to Directive 79/409 or by having classified as SPAs
areas where the species in question are insufficiently repre-
sented,

by failing to designate SPAs for many migratory species or by
having classified as SPAs areas where the species at issue are
insufficiently represented,

the Hellenic Republic has failed to fulfil its obligations under
Article 4(1) and (2) of Directive 79/409.

Pleas in law and main arguments

In accordance with settled case-law of the Court of Justice,
Article 4(1) and (2) of Directive 79/409 requires the Member
States to lay down a special regime for SPAs that ensures, prin-
cipally, the survival and reproduction of the species mentioned
in Annex I to that directive.

In accordance with the case-law, but also in the Commission's
submission, the IBA (Important Bird Areas) inventory is consid-
ered to be an authoritative scientific basis of reference.

Action brought on 30 July 2004 by the Commission of the
European Communities against the Republic of Austria

(Case C-335/04)

(2004/C 239/15)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 30 July
2004 by the Commission of the European Communities, repre-
sented by Denis Martin, of its legal service and Horstpeter
Kreppel, Judge of the Arbeitsgericht (Labour Court) seconded to
the Commission's
service as part of an exchange
programme with national civil servants, with an address for
service in Luxembourg.

legal

The applicant claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary fully to comply with
Council Directive 2000/43/EC of 29 June 2000 imple-
menting the principle of equal treatment between persons
irrespective of racial or ethnic origin (1), or to notify the
Commission of any such provisions, the Republic of Austria
has failed to fulfil its obligations under that directive;

2. order the Republic of Austria to pay the costs of

the

proceedings.

Pleas in law and main arguments:

In accordance with that inventory, 186 areas in Greece must
be classified as SPAs.

The period for transposition of Directive 2000/43/EC expired
on 19 July 2003.

By the date on which the application was lodged Greece had
designated only 151 SPAs, and they are smaller in extent than
envisaged by the IBA 2000 inventory.

(1) OJ L 180, 19.7.2000, p. 22.