CELEX: 62007CA0293
Language: en
Date: 2008-12-11 00:00:00
Title: Case C-293/07: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directives 79/409/EEC and 92/43/EC — Conservation of wild birds — Special protection areas — Insufficient measures of protection)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/4
            
         Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Hellenic Republic
   (Case C-293/07) (1)
   
   (Failure of a Member State to fulfil obligations - Directives 79/409/EEC and 92/43/EC - Conservation of wild birds - Special protection areas - Insufficient measures of protection)
   (2009/C 32/06)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Konstantinidis, D. Recchia and M. Patakia, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: E. Skandalou, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Articles 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1), in conjunction with Article 4(4) of 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) — Lack of protection for Special Protection Areas (SPAs) — Existence of activities which may damage the integrity of SPAs and have negative consequences for the objectives of conservation of SPAs and of the species for which the areas have been defined
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to take all the measures necessary to establish and apply a coherent, specific and integrated legal regime capable of ensuring viable management and effective protection of areas designated as Special Protection Areas, in the light of the conservation objectives 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 Article 4(1) and (2), in conjunction with the first sentence of Article 4(4) of that directive, as amended by Article 6(2) to (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 182, 4.8.2007.