Case C-507/04: Judgment of the Court (Fourth Chamber) of 12 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Conservation of wild birds — Directive 79/409/EEC — Measures transposing the directive)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, bird, national implementing measure, protection of animal life, wildlife

C 211/2

EN

Official Journal of the European Union

8.9.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 18 July 2007
— Commission of the European Communities v Federal
Republic of Germany

(Case C-503/04) (1)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing the failure to fulfil obligations —
Non-implementation — Article 228 EC — Measures neces-
sary to comply with the judgment of the Court — Rescission
of a contract)

(2007/C 211/02)

Language of the case: German

1. Declares that, by having failed, at the date on which the period laid
down in the reasoned opinion issued by the Commission of the
European Communities pursuant to Article 228 EC, to adopt all
the necessary measures to comply with the judgment of 10 April
2003 in Joined Cases C-20/01 and C-28/01 Commission v
Germany regarding the conclusion of a contract for waste disposal
by the City of Brunswick (Germany),
the Federal Republic of
Germany has failed to fulfil its obligations under that article;

2. Orders the Federal Republic of Germany to pay the costs;

3. Orders the French Republic, the Kingdom of the Netherlands and

the Republic of Finland to bear their own costs.

(1) OJ C 45, 19.2.2005.

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima, acting as Agent)

Defendant: Federal Republic of Germany (represented by: W.-D.
Plessing and C. Schulze-Bahr, Agents, and H.-J. Prieß, lawyer)

the defendant: French Republic (repre-
Interveners in support of
sented by G. de Bergues and J.-C. Gracia, Agents), Kingdom of
the Netherlands (represented by H.G. Sevenster and D.J.M. de
Grave, Agents), Republic of Finland (represented by T. Pynnä,
Agent)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC
— Failure to comply with the Court's judgment of 10 April
2003 in Joined Cases C-20/01 and C-28/01 — Council Direc-
tive 92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts (OJ 1992
L 209, p. 1) — Award of public service contracts by the City of
Brunswick and the Municipality of Bockhorn without calls for
tenders — Request that a periodic penalty payment be imposed

Operative part of the judgment

The Court:

Judgment of the Court (Fourth Chamber) of 12 July 2007
— Commission of the European Communities v Republic
of Austria

(Case C-507/04) (1)

(Failure of a Member State to fulfil obligations — Conserva-
tion of wild birds — Directive 79/409/EEC — Measures
transposing the directive)

(2007/C 211/03)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, B. Schima and M. Lang, acting as
Agents)

Defendant: Republic of Austria (represented by: H. Dossi, acting
as Agent)

8.9.2007

EN

Official Journal of the European Union

C 211/3

Re:

Failure of a Member State to fulfil obligations — Incomplete
and incorrect transposition of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds (OJ 1979 L 103,
p. 1)

Operative part of the judgment

The Court:

1. Declares that, by failing to transpose correctly

— Article 1(1) and (2) of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds, in Burgen-
land, Carinthia, Lower Austria, Upper Austria and Styria;

— Article 5 of Directive 79/409 in Burgenland, Carinthia, Lower

Austria, Upper Austria and Styria;

— Article 6(1) of Directive 79/409 in Upper Austria;

Judgment of the Court (Grand Chamber) of 18 July 2007
(reference for a preliminary ruling from the Consiglio di
Stato, Italy) — Ministero dell'Industria, del Commercio e
Lucchini
dell'Artigianato v

formerly

SpA,
Lucchini
Siderurgica SpA

(Case C-119/05) (1)

(State Aid — ECSC — Steel
industry — Aid declared
incompatible with the common market — Recovery —
Whether a judgment of a national court has the authority of
res judicata)

(2007/C 211/04)

Language of the case: Italian

— Article 7(1) of Directive 79/409 in Carinthia, Lower Austria

and Upper Austria;

— Article 7(4) of Directive 79/409 in the following provinces

and regarding the following species:

Referring court

Consiglio di Stato

— in Carinthia as

the
common coot, woodcock, wood pigeon and collared dove,

capercaillie, black grouse,

regards

— in Lower Austria as regards the wood pigeon, capercaillie,

black grouse and woodcock,

— in Upper Austria as regards the capercaillie, black grouse

and woodcock,

Parties to the main proceedings

Appellant: Ministero dell'Industria, del Commercio e dell'Artigia-
nato

— in the Province of Salzburg as regards the capercaillie, black

Respondent: Lucchini SpA, formerly Lucchini Siderurgica SpA

grouse and woodcock,

— in Styria as regards the capercaillie, black grouse and wood-

cock,

Re:

— in Tyrol as regards the capercaillie and black grouse,

— in Vorarlberg as regards the black grouse, and

— in the Province of Vienna as regards the woodcock;

— Article 8 of Directive 79/409 in Lower Austria;

— Article 9(1) and (2) of Directive 79/409 in Burgenland,
Lower Austria as regards Paragraph 20(4) of the Law of Lower
(Niederösterreichisches
Protection
Austria
Naturschutzgesetz), Upper Austria, the Province of Salzburg,
Tyrol and Styria;

on Nature

— Article 11 of Directive 79/409 in Lower Austria,

the Republic of Austria has failed to fulfil
its obligations under
Article 10 EC, Article 249 EC and Article 18 of Directive
79/409;

2. Dismisses the action as to the remainder;

3. Orders the Republic of Austria to pay the costs.

Reference for a preliminary ruling — Consiglio di Stato —
Recovery of aid declared incompatible with the common market
and contrary to Commission Decision No 3484/85/ECSC of
27 November 1985 establishing Community rules for aid to the
steel industry (OJ 1985 L 340, p. 1) — Obligation on the State
to recover the aid notwithstanding a final civil judgment to the
contrary

Operative part of the judgment

Community law precludes the application of a provision of national
law, such as Article 2909 of the Italian Codice Civile (Civil Code),
which seeks to lay down the principle of res judicata in so far as the
application of that provision prevents the recovery of State aid granted
in breach of Community law which has been found to be incompatible
with the common market in a decision of the Commission of the
European Communities which has become final.

(1) OJ C 45, 19.2.2005.

(1) OJ C 132, 28.5.2005.