Case C-503/06: Action brought on 13 December 2006 — Commission of the European Communities v Italian Republic
Date: 2007-04-14
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, bird, derogation from EU law, hunting regulations, protection of animal life, wildlife

C 82/12

EN

Official Journal of the European Union

14.4.2007

Re:

Reference for a preliminary ruling — Krajský súd v Prešove —
Interpretation of Article 6 EU and Article 1 of the Protocol to
the Convention on the Protection of Human Rights and Funda-
mental Freedoms, signed in Paris on 20 March 1952 — Prop-
erty law — National legislation under which electrical installa-
tions may be placed on private land without the owners being
entitled to compensation

Operative part of the order

The Court of Justice of the European Communities clearly has no juris-
diction to answer the questions referred by the Krajský súd v Prešove V
by decisions of 2 May and 21 July 2006.

(1) OJ C 249 of 14.10.2006.

Action brought on 13 December 2006 — Commission of
the European Communities v Italian Republic

(Case C-503/06)

(2007/C 82/23)

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Form of order sought

— Declare that, since the Regione Liguria has adopted and
applies rules concerning authorisation to derogate from the
system of protection for wild birds which fail to satisfy the
of Directive
conditions
79/409/EEC (1), the Italian Republic has failed to fulfil
its
obligations under Article 9 of that directive.

in Article

down

laid

9

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Following receipt of a complaint, the Commission was apprised
of the fact that the Regione Liguria had approved Law No 34 of
October 2001 for the purpose of regulating procedures for the
adoption of derogations from the system of protection for wild
birds provided for under Article 9 of the abovementioned direc-
tive. That regional law was amended by Regional Law No 31 of
13 August 2002.

In the Commission's opinion, Regional Law No 34/2001, as
amended, authorises the lawful hunting of bird species protected
under that directive in so far it:

— identifies generally and in the abstract and without any time
limitation the species which are subject to the derogation,
whereas the derogation constitutes an exceptional regulatory
measure to be adopted upon verification that certain condi-
tions of a scientific nature are met;

— does not lay down an obligation, as regards individual dero-
gation measures, to state one of the abstract reasons why it
is possible to grant a derogation under Article 9 of the
directive and does not lay down an obligation to explain the
practical reason why a particular measure is dictated by the
need relied upon as an abstract reason.

— it fails to provide that checks are to be made to ensure that
no other satisfactory solutions are available or to provide
any indication of the authority empowered to declare that
the conditions under Article 9 of the directive are satisfied.

The fact that Regional Law No 34/2001, as amended, is incom-
patible with the directive is reflected in the specific measures
authorising hunting, which fail to establish that no other satis-
factory solutions are available and fail to mention either the
abstract reason for which or the specific grounds on which the
derogation is necessary.

On 31 October 2006, after the expiry of the period prescribed
in the reasoned opinion, the Regione Liguria repealed Regional
Law No 34/2001, as amended, by Regional Law No 35/2006 of
31 October 2006 and adopted Regional Law No 36/2006,
which authorises hunting derogations that disclose the same
incompatibilities with Article 9 of the abovementioned directive
as those complained of above relating to the earlier regional
legal framework.

(1) Council Directive 79/409/EEC of 2 April 1979 concerning the

conservation of wild birds, OJ 1979 L 103, p. 1.

Reference for a preliminary ruling from the Tribunale di
Genova (Italy) lodged on 18 January 2007 — Autostrada
dei Fiori SpA, AISCAT, Associazione Nazionale dei Gestori
delle Autostrade v Government of the Italian Republic,
Ministry of Infrastructure and Transport, Ministry of the
Economy and Finance and Azienda Nazionale Autonoma
delle Strade (ANAS)

(Case C-12/07)

(2007/C 82/24)

Language of the case: Italian

Referring court

Tribunale di Genova