Case C-418/04: Judgment of the Court (Second Chamber) of 13 December 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Articles 4 and 10 — Transposition and application — IBA 2000 — Value — Quality of the data — Criteria — Margin of discretion — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 6 — Transposition and application)
Date: 2007-12-13
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, bird, environmental protection, national implementing measure, protected area, protected species, protection of animal life

23.2.2008

EN

Official Journal of the European Union

C 51/3

At its meeting on 15 January 2008, the Court drew up the list
referred to in the first subparagraph of Article 11c(2) of the
Rules of Procedure for determining the composition of the First
Chamber as follows:

Mr Tizzano

Mr Kasel

Mr Borg Barthet

Mr Levits

Mr Ilešič

Re:

Failure of a Member State to fulfil obligations — Breach of
Articles 43 EC and 49 EC — Arrangements for the provision of
an emergency ambulance service — Obligation to arrange prior
advertising — Principles of
transparency, equality and non-
discrimination

Operative part of the judgment

The Court:

1) Dismisses the action;

At its meeting on 15 January 2008, the Court drew up the list
referred to in the second subparagraph of Article 11c(2) of the
Rules of Procedure for determining the composition of the Fifth
Chamber as follows:

2) Orders the Commission of the European Communities to pay the

costs.

Mr Borg Barthet

Mr Ilešič

Mr Levits

Mr Kasel

(1) OJ C 85, 3.4.2004.

Judgment of the Court (Grand Chamber) of 18 December
the European Communities v
2007 — Commission of

Ireland

(Case C-532/03) (1)

(Failure of a Member State to fulfil obligations — Public
procurement — Articles 43 EC and 49 EC — Emergency
ambulance services)

(2008/C 51/05)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Wiedner and X. Lewis, Agents, and J. Flynn QC))

Defendant:
A. Collins SC, E. Regan SC and C. O'Toole, Barrister)

(represented by: D. O'Hagan, Agent,

Ireland

Intervener in support of the defendant: Kingdom of the Netherlands
(represented by: H.G. Sevenster, C. Wissels and P. van Ginneken,
Agents)

Judgment of the Court (Second Chamber) of 13 December
the European Communities v
2007 — Commission of

Ireland

(Case C-418/04) (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Articles 4 and
10 — Transposition and application — IBA 2000 — Value
— Quality of the data — Criteria — Margin of discretion —
Directive 92/43/EEC — Conservation of natural habitats and
of wild fauna and flora — Article 6 — Transposition and
application)

(2008/C 51/06)

Language of the case: English

Parties

Applicant: Commission of
Doherty and M. van Beek, Agents)

the European Communities

(B.

Defendant: Ireland (represented by D. O'Hagan, Agent, E. Cogan,
Barrister, and G. Hogan SC)

Interveners in support of the defendant: Hellenic Republic, (repre-
sented by: E. Skandalou, Agent), Kingdom of Spain (represented
by N. Díaz Abad)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 4 and 10 of Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds (OJ 1979 L 103, p. 1)
— Breach of Article 6 of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of
wild fauna and flora (OJ 1992 L 206, p. 7)

C 51/4

EN

Official Journal of the European Union

23.2.2008

Operative part of the judgment

3. Orders Ireland to pay the costs.

The Court:

1. Declares that, by failing:

4. Orders the Hellenic Republic and the Kingdom of Spain to bear

their own costs.

(1) OJ C 6, 8.1.2005.

— to classify, since 6 April 1981, in accordance with Article 4(1)
and (2) of Council Directive 79/409/EEC of 2 April 1979 on
the conservation of wild birds, as amended by Commission
Directive 97/49/EC of 29 July 1997, all the most suitable
territories in number and size for the species mentioned in
Annex I to that directive, with the exception of those intended
to ensure conservation of the Greenland white-fronted goose
(Anser albifrons flavirostris), as well as for regularly occurring
migratory species not mentioned in Annex I, with the exception
of those intended to ensure protection of the lapwing (Vanellus
vanellus), the redshank (Tringa totanus), the snipe (Gallinago
gallinago) and the curlew (Numenius arquata);

— to ensure that, since 6 April 1981, the provisions of the first
sentence of Article 4(4) of Directive 79/409, as amended by
Directive 97/49, are applied to areas requiring classification as
special protection areas under that directive;

— to transpose and apply the provisions of the second sentence of
Article 4(4) of Directive 79/409, as amended by Directive
97/49, fully and correctly;

— to take all the measures necessary to comply with Article 6(2)
of Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora in
respect
under
Article 4(1) of Directive 79/409, as amended by Directive
97/49, or recognised under Article 4(2) of that directive;

protection areas

classified

special

all

of

Judgment of the Court (Grand Chamber) of 18 December
2007 — Kingdom of Sweden v IFAW Internationaler
Tierschutz-Fonds
Internationaler
Tierschutz-Fonds (IFAW) GmbH, Kingdom of Denmark,
Kingdom of the Netherlands, United Kingdom of Great
Britain and Northern Ireland, Commission of the European
Communities

formerly

gGmbH,

(Case C-64/05 P) (1)

(Appeal — Regulation (EC) No 1049/2001 — Public access
to documents of the institutions — Documents originating
from a Member State — Objection of the Member State to
disclosure of the documents — Scope of Article 4(5) of the
Regulation)

(2008/C 51/07)

Language of the case: English

— to take all the measures necessary to comply with Article 6(2)
of Directive 92/43 in respect of recreational use of all sites
intended to be subject to that article;

Parties

— to take all the measures necessary to comply with Article 6(3)

and (4) of Directive 92/43 in respect of plans;

Appellant: Kingdom of Sweden (represented by K. Wistrand,
Agent)

— to take all the measures necessary to comply with Article 6(3)
of Directive 92/43 in respect of authorisation of aquaculture
programmes;

Intervener in support of the appellant: Republic of Finland (repre-
sented by E. Bygglin and A. Guimaraes-Purokoski, Agents)

— to take all

the measures necessary

to comply with of
Article 6(2) to (4) of Directive 92/43 in respect of the drain
maintenance works in the Glen Lough special protection area;
and

— to take all the measures necessary to comply with Article 10 of

Directive 79/409, as amended by Directive 97/49,

Ireland has failed to fulfil its obligations under Articles 4(1), (2)
and (4), and 10 of Directive 79/409, as amended by Directive
97/49, and Article 6(2) to (4) of Directive 92/43.

2. Dismisses the remainder of the action.

gGmbH,

formerly

Other parties to the proceedings: IFAW Internationaler Tierschutz-
Internationaler Tierschutz-Fonds
Fonds
(IFAW) GmbH (represented by S. Crosby, Solicitor, and R. Lang,
avocat), Kingdom of Denmark (represented by B. Weis Fogh,
Agent), Kingdom of the Netherlands (represented by H.G. Seven-
ster, C.M. Wissels and M. de Grave, Agents), United Kingdom of
Great Britain and Northern Ireland (represented by S. Nwaokolo
and V. Jackson, Agents, and J. Stratford, Barrister), Commission
of the European Communities (represented by C. Docksey and
P. Aalto, Agents)

Intervener in support of the respondent: Kingdom of Spain (repre-
sented by I. del Cuvillo Contreras and A. Sampol Pucurull,
Agents)