Case C-116/22: Judgment of the Court (Second Chamber) of 21 September 2023 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 4(4) and Article 6(1) — Failure to designate special areas of conservation — Failure to determine conservation objectives — Absence or insufficiency of conservation measures — Administrative practice)
Date: 2023-09-21
Institutions: Court of Justice
Subjects: infringement of EU law, protected area, protection of animal life, protection of plant life








C_202300626EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/626


13.11.2023





Judgment of the Court (Second Chamber) of 21 September 2023 — European Commission v Federal Republic of Germany
(Case C-116/22) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 4(4) and Article 6(1) - Failure to designate special areas of conservation - Failure to determine conservation objectives - Absence or insufficiency of conservation measures - Administrative practice)
(C/2023/626)
Language of the case: German

Parties


Applicant: European Commission (represented by: C. Hermes and M. Noll-Ehlers, acting as Agents)

Defendant: Federal Republic of Germany (represented by: J. Möller and A. Hoesch, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by failing to designate as special areas of conservation 88 of the 4 606 sites of Community importance which were placed on the list established by Commission Decision 2004/69/EC of 22 December 2003 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Alpine biogeographical region, the list established by Commission Decision 2004/798/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Continental biogeographical region, and the list established by Commission Decision 2004/813/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region, updated respectively by Commission Decision 2008/218/EC of 25 January 2008 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Alpine biogeographical region, Commission Decision 2008/25/EC of 13 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Continental biogeographical region, and Commission Decision 2008/23/EC of 12 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Atlantic biogeographical region, the Federal Republic of Germany has failed to fulfil its obligations under Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2013/17/EU of 13 May 2013;










2.


Declares that, by failing to adopt detailed conservation objectives for the group of 88 sites among the 4 606 sites of Community importance referred to in point 1 of the operative part, the Federal Republic of Germany has failed to fulfil its obligations under Article 4(4) of Directive 92/43, as amended by Directive 2013/17;










3.


Declares that, by failing to adopt the necessary conservation measures for the group of 737 sites among the 4 606 sites of Community importance referred to in point 1 of the operative part, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(1) of Directive 92/43, as amended by Directive 2013/17;










4.


Dismisses the action as to the remainder;










5.


Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission.






(1)  
            OJ C 148, 4.4.2022.


ELI: http://data.europa.eu/eli/C/2023/626/oj
ISSN 1977-091X (electronic edition)