CELEX: C2005/045/31
Language: en
Date: 2005-02-19 00:00:00
Title: Case C-508/04: Action brought on 8 December 2004 by the Commission of the European Communities against the Republic of Austria

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/17
            
         Action brought on 8 December 2004 by the Commission of the European Communities against the Republic of Austria
   
   (Case C-508/04)
   (2005/C 45/31)
   Language of the case: German
   An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 8 December 2004, by the Commission of the European Communities, represented by M. Van Beek and B. Schima acting as Agents, assisted by M. Lang, lawyer, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               Declare that the Republic of Austria has failed to fulfil its obligation to transpose, correctly and completely, Council Directive 92/43/EEC of 21 May 1992 (1) on the conservation of natural habitats and of wild fauna and flora by not transposing, correctly and completely, Articles 1, 6(1) to (4), 7, 11, 12, 13, 15, 16(1) and 22(b) of that directive into Austrian law.
            
         
               2.
            
            
               Order the Republic of Austria to pay the costs.
            
         Pleas in law and main arguments
   By this application the Commission is challenging the defective transposition into Austrian law of Directive 92/43/EEC by means of the relevant legal provisions of the provinces of Carinthia, Niederösterreich, Oberösterreich, Salzburg, Steiermark, Tyrol and Vorarlberg notified to the Commission or to its knowledge adopted.
   In the Commission's view, the following provisions concerning individual federal provinces have not been completely or correctly transposed: Definitions (Article 1 of the directive); necessary conservation measures (Article 6(1)); prohibition on deterioration (Article 6(2)); plans or projects which could have serious implications for special areas of conservation (Article 6(3) and (4)); in regard to the system of protection under the ‘wild birds’ Directive 79/409/EEC (Article 7); surveillance of conservation status (Article 11); system of protection for animal species listed in Annex 1V(a) (Article 12); system of protection for plant species listed in Annex IV(b) (Article 13); prohibited means of capture and killing (Article 15); criteria for derogation from Articles 12 to 15 (Article 16(1)); deliberate introduction of non-native species (Article 22(b)).
   
      (1)  OJ 1992 L 206, p. 7.