Case C-308/08: Action brought on 10 July 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-07-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, biotope, country road, environmental protection, protection of animal life, protection of plant life

30.8.2008

EN

Official Journal of the European Union

C 223/37

Action brought on 10 July 2008 — Commission of the
European Communities v Kingdom of Spain

Defendant: United Kingdom of Great Britain and Northern
Ireland

(Case C-308/08)

(2008/C 223/59)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillan and D. Recchia, agents)

Defendant: Kingdom of Spain

Form of order sought

— Declare that the Kingdom of Spain has failed to fulfil

its
obligations under Council Directive 92/43/EEC (1) of 21 May
1992 on the conservation of natural habitats and of wild
fauna and flora, interpreted by the judgments of the Court
of Justice on 13 January 2005 in Case C-117/03 and on
14 September 2006 in Case C-244/05, and its obligations
stemming from Article 12(4) of that directive in relation to
the project for improvement of the rural path from Villa-
manrique de la Condesa (Seville) to El Rocio (Huelva).

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Commission considers that in carrying out the project for
improvement of
the rural path from Villamanrique de la
Condesa (Seville) to El Rocio (Huelva) without at the same time
taking adequate protective measures, the Kingdom of Spain has
failed to fulfil its obligations under Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora, interpreted by the judgments of the Court
Justice on 13 January 2005 in Case C-117/03 and on
of
14 September 2006 in Case C-244/05, and its obligations
under Article 12(4) of that directive.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC, of 20 November 2006 adapting
certain Directives in the field of freedom of movement of
persons, by reason of
the accession of Bulgaria and
Romania (1), or in any event by failing to communicate
them to the Commission, the United Kingdom has failed to
fulfil its obligations under the Directive;

— order the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 1 January 2007.

(1) OJ L 363, p. 141.

Action brought on 14 July 2008 — Commission of the
European Communities v Italian Republic

(Case C-313/08)

(2008/C 223/61)

Language of the case: Italian

(1) OJ L 206, p. 7.

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Vesco and P. Dejmek, acting as Agents)

Defendant: Italian Republic

Action brought on 14 July 2008 — Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland

Form of order sought

(Case C-312/08)

(2008/C 223/60)

Language of the case: English

Parties

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

to

necessary

provisions

— Declare that, by failing to adopt all the laws, regulations and
administrative
comply with
Article 1(4), (5) and (6) of Directive 2003/58/EC (1) of the
European Parliament and of the Council of 15 July 2003
amending Council Directive 68/151/EEC, as regards disclo-
sure requirements in respect of certain types of companies
or, in any event, by failing to communicate such provision
to the Commission, the Italian Republic has failed to fulfil
its obligations under that directive;

— order the Italian Republic to pay the costs.