CELEX: C2006/326/08
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-239/04: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 6(4) — Castro Verde special protection area — Lack of alternative solutions)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/4
            
         Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Portuguese Republic
   (Case C-239/04) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 6(4) - Castro Verde special protection area - Lack of alternative solutions)
   (2006/C 326/08)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. van Beek and A. Caeiros, Agents)
   
      Defendant: Portuguese Republic (represented by: L. Fernandes, Agent, and J.F. Ganderez and R. Gomes da Silva, advogados)
   Re:
   Failure of a Member State to fulfil its obligations — Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Construction of a motorway whose route crosses a special protection area for wild birds — Environmental impact assessment showing negative implications of the route — Existence of alternatives to the route constructed
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by implementing a project for a motorway whose route crosses the Castro Verde special protection area, notwithstanding the negative environmental impact assessment and without having demonstrated the absence of alternative solutions for the route concerned, the Portuguese Republic has failed to fulfil its obligations under Article 6(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 Directive 97/62/EC of 27 October 1997;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 228, 11.9.2004.