Judgment of the Court (Second Chamber) of 9 December 2004 in Case C-79/03: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Hunting)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, bird, environmental protection, hunting regulations

C 45/6

EN

Official Journal of the European Union

19.2.2005

1. Declares that, by failing to take the measures necessary to comply
with the obligations under Articles 1(a), (e) and (f), 2(1)(b), 3, 4,
5, 7(1), 8, 12, 13 and 14 of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991 and, most recently, by Commis-
sion Decision 96/350/EC of 24 May 1996,
the United
Kingdom of Great Britain and Northern Ireland has failed to fulfil
its obligations under that directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-79/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Hunting)

(2005/C 45/11)

(Language of the case: Spanish)

the European Communities

In Case C-79/03: Action under Article 226 EC for failure to
fulfil obligations, brought on 21 February 2003, between
Commission of
(Agent:
G. Valero Jordana) and Kingdom of Spain (Agent: N. Díaz
Abad) – the Court (Second Chamber), composed of: C.W.A.
Timmermans, President of the Chamber, C. Gulmann (Rappor-
teur), J. Makarczyk, P. Kūris and J. Klučka, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a judg-
ment on 9 December 2004, in which it:

1. Declares that, by allowing hunting using limed twigs in the Com-
munity of Valencia by means of the method known as ‘parany’,
the Kingdom of Spain has failed to fulfil its obligations under
Articles 8(1) and 9(1) of Council Directive 79/409/EEC of 2
April 1979 on the conservation of wild birds;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-123/03 P: Commission of the European Commu-
nities v Greencore Group plc (1)

(Application for annulment of a letter of the Commission —
Refusal to pay interest on a sum refunded — Concept of act
confirming an earlier act — Payment of the principal sum
without interest — No earlier decision to refuse)

(2005/C 45/12)

(Language of the case: English)

Justice,

the European Communities

In Case C-123/03 P: appeal under Article 56 of the Statute of
the Court of
lodged on 19 March 2003, by the
(Agents:
Commission of
K. Wiedner), the other party to the proceedings being: Green-
core Group plc, established in Dublin (Ireland), (Represented
by: A. Böhlke) – the Court (Second Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, C. Gulmann
(Rapporteur),
J.-P. Puissochet, N. Colneric and J.N. Cunha
Rodrigues, Judges; F.G. Jacobs, Advocate General; L. Hewlett,
Principal Administrator, for the Registrar, has given a judgment
on 9 December 2004, in which it:

1. Sets aside the order of the Court of First Instance of the European
Communities of 7 January 2003 in Case T-135/02 Greencore
Group v Commission;

2. Rejects the plea of inadmissibility raised by the Commission of the

European Communities;

3. Reserves the costs.

(1) OJ C 112 of 10.5.2003.