Case C-334/04: Judgment of the Court (Second Chamber) of 25 October 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Annex I — Conservation of wild birds — Special protection areas — IBA 2000 — Value — Quality of the data — Criteria — Margin of discretion — Manifestly insufficient classification — Wetlands)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, bird, protected area, protected species, protection of animal life

22.12.2007

EN

Official Journal of the European Union

C 315/3

Re:

Annulment of Article 1(5) of Council Decision 2004/281/EC of
22 March 2004 adapting the Act concerning the conditions of
accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the
European Union is
the
common agricultural policy (OJ 2004 L 93, p. 1) — Infringe-
ment of the principles of non-discrimination, equal treatment
and good faith

following the reform of

founded,

Operative part of the judgment

1) Dismisses the action;

2) Orders the Republic of Poland to pay the costs;

3) Orders the Republic of Latvia,

the Republic of Lithuania,

the
the European

Republic of Hungary, and the Commission of
Communities to bear their own costs.

(1) OJ C 239, 25.9.2004.

by: G. de Bergues and C. Jurgensen-Mercier, Agents), Portuguese
Republic (represented by: L. Fernandes and M. Lois, Agents),
Republic of Finland (represented by: T. Pynnä, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
implement, within the prescribed period, Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds
(OJ 1979 L 103, p. 1) — Failure to comply with Article 4 of
the directive concerning the designation of special areas of
conservation — Areas established in Greece insufficient
in
number

Operative part of the judgment

The Court:

1. Declares that:

— by classifying as special protection areas territories the number
and overall size of which fall clearly short of the number and
overall size of the territories fulfilling the preconditions for clas-
sification as
the purposes of
Article 4(1) and (2) of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds, as amended,
inter alia, by Commission Directive 97/49/EC of 29 July
1997,

special protection areas

for

Judgment of the Court (Second Chamber) of 25 October
the European Communities v
2007 — Commission of

Hellenic Republic

(Case C-334/04) (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Annex I — Conservation of wild birds —
Special protection areas — IBA 2000 — Value — Quality of
the data — Criteria — Margin of discretion — Manifestly
insufficient classification — Wetlands)

(2007/C 315/04)

Language of the case: Greek

Parties

— by failing to designate special protection areas to offer protec-

tion to Krüper's nuthatch (Sitta krueperi), and

— by classifying as special protection areas areas in which the
(Phalacrocorax aristotelis
shag (Mediterranean subspecies)
desmarestii), bearded vulture (Gypaetus barbatus), black vulture
(Aegypius monachus), lesser spotted eagle (Aquila pomarina),
long-legged buzzard (Buteo
imperial eagle (Aquila heliaca),
rufinus), Bonelli's eagle (Hieraaetus fasciatus),
lesser kestrel
(Falco naumanni), Eleonora's falcon (Falco eleonorae), Lanner
falcon (Falco biarmicus) and cinereous bunting (Emberiza ciner-
acea) are insufficiently represented,

its obligations under
the Hellenic Republic has failed to fulfil
Article 4(1) and (2) of Directive 79/409, as amended by Directive
97/49;

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic to pay the costs;

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and M. van Beek, Agents)

4. Orders the Kingdom of Spain, the French Republic, the Portuguese
Republic and the Republic of Finland to bear their own costs.

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

(1) OJ C 239, 25.9.2004.

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