Case C-71/05: Judgement of the Court (Sixth Chamber) of  8 June 2006  — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2002/30/EC — Air transport — Noise-related operating restrictions at Community airports — Failure to transpose within the prescribed period)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, airport, environmental protection, harmonisation of standards, noise level, noise protection

C 178/6

EN

Official Journal of the European Union

29.7.2006

Re:

Reference for a preliminary ruling — Tribunale amministrativo
regionale per la Lombardia — Interpretation of Article 9 of
Council Directive 79/409/EEC of 2 April 1979 on the conser-
vation of wild birds (OJ 1979 L 103, p. 1) — Conditions for
exercise by the Member States of the derogation from the
prohibition on killing and capture of protected species — Finch
and brambling species

Judgement of the Court (Sixth Chamber) of 8 June 2006
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-71/05) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/30/EC — Air transport — Noise-related operating
restrictions at Community airports — Failure to transpose
within the prescribed period)

Operative part of the judgement

(2006/C 178/09)

Language of the case: French

1. Article 9(1)(c) of Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds requires the Member
States, irrespective of the internal allocation of powers prescribed
by the national legal system, upon adoption of measures imple-
menting that provision to ensure that, in all cases of application
of the derogation provided for therein and for all the protected
species, authorised hunting does not exceed a ceiling consistent
with the restriction on that hunting to small numbers imposed by
that provision, and that ceiling must be determined on the basis of
strict scientific data.

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen, Agent)

Defendant: Grand Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

2. National implementing provisions concerning the ‘small numbers’
referred to in Article 9(1)(c) of Directive 79/409 must enable the
in
authorities
respect of birds of a given species to rely on criteria which are suffi-
ciently precise as to the quantitative ceilings to be complied with.

responsible for authorising hunting derogations

3. Upon implementation of Article 9(1)(c) of Directive 79/409, the
the
Member States are required to ensure that,
number and identity of
territory
responsible for applying that provision, the amount of authorised
hunting derogations in respect of each protected species by each of
those authorities does not exceed the ceiling compatible with the
restriction on that hunting to ‘small numbers’,
fixed for that
species for the entire national territory.

the authorities within their

irrespective of

4. The obligation on the Member States to ensure that hunting of
birds is carried out only in ‘small numbers’, in accordance with
Article 9(1)(c) of Directive 79/409, requires that the administra-
tive procedures provided for are organised in such a way that both
the decisions of
the competent authorities authorising hunting
derogations and the manner in which those decisions are applied
are subject to effective control exercised in a timely manner.

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose, within the prescribed period, Directive 2002/30/EC
of the European Parliament and of the Council of 26 March
2002 on the establishment of rules and procedures with regard
to the introduction of noise-related operating restrictions at
Community airports (OJ 2002 L 85, p. 40)

Operative part of the judgement

The Court:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 2002/30/EC of the European Parliament
and the Council of 26 March 2002 on the establishment of rules
and procedures with regard to the introduction of noise-related
operating restrictions at Community airports, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under that directive.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 93, 16.4.2005.

(1) OJ C 82, 2.4.2005.