CELEX: C2001/348/23
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-378/01: Action brought on 2 October 2001 by the Commission of the European Communities against the Italian Republic

8.12.2001                EN                   Official Journal of the European Communities                                       C 348/13
The Applicant requests that the Court should:                                  79/409/EEC (1) and subsequent amendments thereto and
                                                                               other migratory species which regularly return to Italy,
                                                                               and by failing to send to the Commission all the
—     declare that by failing to adopt the laws, regulations
                                                                               appropriate information relevant to most of the special
      or administrative provisions necessary to comply with                    protection areas classified by it, the Italian Republic has
      Council Directive 97/43/Euratom of 30 June 1997 laying                   failed to fulfil its obligations under Article 4(1), (2) and
      down provisions concerning health protection of individ-
                                                                               (3) of that Directive.
      uals against the dangers of ionising radiation in relation
      to medical exposure, and repealing Directive
      84/466/Euratom (1) or in any event by failing to com-
                                                                         —     Order the Italian Republic to pay the costs.
      municate them to the Commission, Ireland has failed to
      fulfil its obligations under that Directive,
—     order Ireland to pay the costs.
                                                                         Pleas in law and main argument
Pleas in law and main argument
                                                                         In spite of the efforts made by the Italian authorities to
Article 249 EC under which a directive shall be binding as to            fulfil their obligations under Article 4 of the Directive,
the result to be achieved, upon each Member State, carries by            the Commission finds that the classification of the special
implication an obligation on the Member States to observe the            protection areas (SPA) still does not meet the requirements of
period for compliance laid down in the Directive. That period            that provision, either in so far as concerns the species of birds
expired on 13 May 2000 without Ireland having enacted the                mentioned in Annex 1 to the Directive or in so far as concerns
provisions necessary to comply with the Directive referred to            the other species of migratory birds which return regularly.
in the conclusions of the Commission.
(1) OJ L 180, 9.7.1997, p. 22.                                           In view of the present number and surface of the SPAs in Italy,
                                                                         it is clear that many bird species listed in Annex I to the
                                                                         Directive and many other migratory species are not adequately
                                                                         protected. Another factor which shows the inadequacy of the
                                                                         classification of the SPAs carried out by the Italian authorities
                                                                         is the fact that a large number of internationally important
                                                                         wetlands have not been designated. Moreover, a comparison
                                                                         between the number of ‘Important bird areas’ (IBA) and the
                                                                         number of IBAs partly or wholly covered by SPAs, so far as
Action brought on 2 October 2001 by the Commission                       certain autonomous regions and provinces are concerned,
of the European Communities against the Italian Republic                 shows that, notwithstanding that the situation has improved
                                                                         for a number of regions, there remain some substantial aspects
                                                                         in which they fall short, in particular in respect of some
                          (Case C-378/01)                                regions which are extremely important for wild birds.
                          (2001/C 348/23)
                                                                         Finally, the information sent by Italy to the Commission is in
                                                                         many ways inadequate. In particular, the ornithological data is
                                                                         often inadequate inasmuch as it is both incomplete and
An action against the Italian Republic was brought before the
                                                                         inaccurate. Those deficiencies infringe Article 4(3) of the
Court of Justice of the European Communities on 2 October
                                                                         Directive and prevent the Commission from being able to
2001 by the Commission of the European Communities,
                                                                         carry out its coordinating role in order to ensure that the
represented by Gregorio Valero Jordana and Roberto Amorosi,
                                                                         SPAs form a coherent whole which meets the protection
acting as Agents.
                                                                         requirements of the affected species.
The applicant claims that the Court should:
                                                                         (1) OJ 1979 L 103 of 25.4.1979, p. 1.
—     Declare that, by failing adequately to classify as special
      protection areas the most suitable zones, in terms of
      number and surface area, for the protection of those
      species mentioned in Annex I to Council Directive