Case C-259/08: Judgment of the Court (Sixth Chamber) of 15 January 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Preservation and maintenance of habitats — Classification of special protection areas — Prohibition of hunting and capture — Incorrect transposition)
Date: 2009-01-15
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, biotope, bird, national implementing measure, protected area, protected species, protection of animal life

7.3.2009

EN

Official Journal of the European Union

C 55/5

Re:

Operative part of the judgment

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Article 26(3) of Directive 2002/22/EC of the Euro-
pean Parliament and of
the Council of 7 March 2002 on
universal service and users' rights relating to electronic commu-
nications networks and services (Universal Service Directive)
(OJ 2002 L 108, p. 51)

Operative part of the judgment

The Court:

1. Declares that, by failing, for all calls to the single European emer-
gency call number ‘112’, to make caller location information avail-
able, to the extent technically feasible, to the authorities handling
emergencies, the Italian Republic has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC of the European
Parliament and of the Council of 7 March 2002 on universal
service and users'
communications
relating to electronic
networks and services (Universal Service Directive);

rights

2. Orders the Italian Republic to pay the costs.

(1) OJ C 37 of 9.2.2008.

The Court:

1. Declares that, by failing to take all the measures necessary to trans-
pose fully and/or correctly the obligations under Article 3(1) and
(2), Article 4(1), Article 5 and Article 8(1) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds,
the Hellenic Republic has failed to fulfil its obligations under those
provisions;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 209 of 15.8.2008.

Appeal brought on 24 September 2008 by Calebus SA
against the judgment delivered on 14 July 2008 in Case
the European
T-366/06 Calebus SA v Commission of

Communities, supported by the Kingdom of Spain

(Case C-421/08 P)

(2009/C 55/08)

Language of the case: Spanish

Judgment of the Court (Sixth Chamber) of 15 January 2009
— Commission of the European Communities v Hellenic
Republic

Parties

(Case C-259/08) (1)

Appellant: Calebus SA (represented by: R. Bocanegra Sierra,
lawyer)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Preservation
and maintenance of habitats — Classification of special
protection areas — Prohibition of hunting and capture —
Incorrect transposition)

(2009/C 55/07)

Language of the case: Greek

Parties

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

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

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose Article 3(1) of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds (OJ 1979 L 103,
p. 1) — Incorrect transposition of Article 3(2), Article 4(1),
Article 5 and Article 8(1) of that directive

Other parties to the proceedings: Commission of the European
Communities and the Kingdom of Spain

Form of order sought

Take note of the fact that the appeal was lodged against the
order of the Court of First Instance of 14 July 2008 declaring
inadmissible the action brought by Calebus SA in Case
T-366/06, allow the appeal and, after completion of all the legal
formalities, give a judgment upholding the appeal, setting aside
the judgment under appeal, declaring the action admissible and
uphold its claims.

Pleas in law and main arguments

T-366/06

The appeal is brought against the order of 14 July 2008 of the
Court of First Instance declaring inadmissible the action brought
in Case
SA against Decision
by Calebus
2006/613/EC (1) of 19 July 2006 adopting, pursuant to Council
Directive 92/43/EEC, the list of sites of Community importance
for the Mediterranean biogeographical region as regards the
inclusion of the farm ‘Las Cuerdas’ as the SCI ‘ES61110006
Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which
appears on that list.