Case C-64/05 P: Judgment of the Court (Grand Chamber) of 18 December 2007 — Kingdom of Sweden v IFAW Internationaler Tierschutz-Fonds gGmbH, formerly 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 (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)
Date: 2007-12-18
Institutions: Court of Justice
Subjects: General Court (EU), Sweden, access to information, action for annulment (EU), confidentiality, provision of documents

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)

23.2.2008

EN

Official Journal of the European Union

C 51/5

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber, Extended Composition) of 30 November 2004 in
Case T-168/02 IFAW Internationaler Tierschutz-Fonds v Commis-
sion, dismissing an application for annulment of a decision of
the Commission rejecting a request made by IFAW pursuant to
Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents
(OJ 2001 L 145, p. 43) for access to certain documents of the
imperative
German authorities
grounds of major public interest for the declassification of a site
protected under 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)

claiming the

existence of

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 30 November 2004 in Case T-168/02
IFAW Internationaler Tierschutz-Fonds v Commission;

the Court of First

Instance of

2. Annuls the decision of the Commission of the European Commu-
nities
of 26 March 2002 refusing IFAW Internationaler
Tierschutz-Fonds gGmbH access to certain documents received by
the Commission in the course of a procedure which ended with the
Commission giving an opinion favourable to the carrying out of an
industrial project on a site protected under Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habi-
tats and of wild fauna and flora;

3. Orders the Commission of the European Communities to pay the
costs incurred by the Kingdom of Sweden in connection with the
appeal proceedings and the costs incurred by IFAW Internationaler
Tierschutz-Fonds gGmbH both in the appeal proceedings and in
those at first instance in which the Court of First Instance of the
European Communities gave judgment on 30 November 2004,
IFAW Internationaler Tierschutz-Fonds v Commission;

4. Orders the Kingdom of Denmark,

the
Kingdom of the Netherlands, the Republic of Finland, the United
Kingdom of Great Britain and Northern Ireland, and the Commis-
sion of the European Communities to bear their own costs relating
to the appeal;

the Kingdom of Spain,

Judgment of the Court (Grand Chamber) of 18 December
2007 — United Kingdom of Great Britain and Northern
Ireland v Council of the European Union

(Case C-77/05) (1)

(Regulation (EC) No 2007/2004 — Establishment of the
the Management of Operational
European Agency for
Cooperation at the External Borders of the Member States of
the European Union — Validity)

(2008/C 51/08)

Language of the case: English

Parties

Applicant: United Kingdom of Great Britain and Northern
Ireland (represented by E. O'Neill and C. Gibbs, Agents, and A.
Dashwood, Barrister)

Interveners in support of the applicant: Ireland (represented by D.
O'Hagan, Agent, and A. Collins, SC, and P. McGarry, BL),
Republic of Poland (represented by J. Pietras, Agent), Slovak
Republic (represented by R. Procházka, J. Čorba and B. Ricziová,
Agents)

Defendant: Council of the European Union (represented by J.
Schutte and R. Szostak, Agents)

Interveners in support of the defendant: Kingdom of Spain (repre-
sented by J.M. Rodríguez Cárcamo, Agent), Commission of the
European Communities (represented by C. O'Reilly, Agent)

Re:

Annulment of Council Regulation (EC) No 2007/2004 of
26 October 2004 establishing a European Agency for
the
Management of Operational Cooperation at
the External
Borders of the Member States of the European Union (OJ 2004
L 349, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

5. Orders the Kingdom of Denmark, the Kingdom of the Netherlands,
the Kingdom of Sweden, the United Kingdom of Great Britain and
Northern Ireland, and the Commission of the European Commu-
nities to bear their own costs relating to the proceedings at first
instance.

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs;

3. Orders the Kingdom of Spain, Ireland, the Republic of Poland, the
Slovak Republic and the Commission of the European Communities
to bear their own costs.

(1) OJ C 115, 14.5.2005.

(1) OJ C 82, 2.4.2005.