Case C-76/08: Action brought on 25 February 2008 — Commission of the European Communities v Republic of Malta
Date: 2008-02-25
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, bird, environmental protection, hunting regulations, protection of animal life

12.4.2008

EN

Official Journal of the European Union

C 92/23

Action brought on 25 February 2008 — Commission of
the European Communities v Republic of Malta

Action brought on 25 February 2008 — Commission of
the European Communities v Hellenic Republic

(Case C-76/08)

(2008/C 92/43)

Language of the case: English

(Case C-82/08)

(2008/C 92/44)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and M. Patakia, acting as Agents)

Parties

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

Defendant: Republic of Malta

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

The applicant claims that the Court should:

— declare that, by failing to meet the conditions set out in
Article 9 of Council Directive 79/409/EEC on the conserva-
tion of wild birds (1) the Republic of Malta has failed to fulfil
its obligations under Article 7 of the said Directive for the
hunting of Quails (coturnix coturnix) and Turtle Doves (strep-
topelia turtur) on spring migration;

— order the Republic of Malta to pay the costs.

— Declare that, by not adopting the laws regulations and
administrative provisions necessary to comply with Council
Directive 2003/72/EC (1) of 22 July 2003 supplementing
the Statute for a European Cooperative Society with regard
to the involvement of employees, and in any event by not
informing the Commission of such measures, the Hellenic
Republic has failed to fulfil its obligations under that direc-
tive.

— Order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period allowed for
2003/72/EC into national law expired on 18 August 2006.

transposition of Directive

the

Pleas in law and main arguments

(1) OJ L 207, 18.8.2003, p. 25.

Council Directive 79/409/EEC on the conservation of wild birds
concerns the conservation of all species of naturally occurring
birds in the wild state in the European Territory of the Member
States to which the Treaty applies. It establishes measures for
the protection, management and control of these species and
lays down the rules for their exploitation. Since accession to
European Union on 1 May 2004, the Maltese authorities have
exercised the right to apply the derogation in Article 9(1) of the
directive for the hunting of Quails and Turtle Doves during the
spring migration period when they return to their rearing
ground in a number of countries north of the Mediterranean
Sea. The question raised in the present proceedings is whether
the Maltese authorities fall within the scope of the derogation in
Article 9(1) which would permit the hunting of the species in
question in Malta during the spring migration on the basis that
there is no other satisfactory solution.

(1) OJ L 103, p. 1.

Action brought on 26 February 2008 — Commission of
the European Communities v Czech Republic

(Case C-87/08)

(2008/C 92/45)

Language of the case: Czech

Parties

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

Defendant: Czech Republic