CELEX: C2003/112/12
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court (Third Chamber) of 20 March 2003 in Case C-143/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)

10.5.2003               EN                           Official Journal of the European Union                                                  C 112/7
                 JUDGMENT OF THE COURT                                       1.    Declares that, in adopting a measure transposing Council
                                                                                   Directive 92/43/EEC of 21 May 1992 on the conservation of
                                                                                   natural habitats and of wild fauna and flora, which:
                         (Third Chamber)
                                                                                   —     excludes from the scope of the rules on the assessment of
                         of 20 March 2003                                                the implications for the environment projects other than
                                                                                         those listed in the Italian legislation implementing direc-
                                                                                         tives on environmental impact assessment that are likely
in Case C-143/02: Commission of the European Communi-                                    to have a significant effect on sites of Community
                     ties v Italian Republic (1)                                         importance,
                                                                                   —     fails to impose upon the competent authorities of the
(Failure of a Member State to fulfil obligations — Directive                             Member State any obligation to take appropriate steps in
92/43/EEC — Conservation of natural habitats — Wild                                      respect of special protection areas to avoid the deterioration
                          fauna and flora)                                               of natural habitats and of the habitats of species or
                                                                                         disturbance of the species for which the areas were
                                                                                         designated, in so far as such disturbance could be
                          (2003/C 112/12)                                                significant in relation to the objectives of Directive 92/
                                                                                         43,
                    (Language of the case: Italian)
                                                                                   —     fails to provide that the conservation measures referred to
                                                                                         in Article 6(2) of that directive apply to the sites referred
(Provisional translation; the definitive translation will be published                   to in Article 5(1) of that directive,
                   in the European Court Reports)
                                                                                   the Italian Republic has failed to fulfil its obligations under
                                                                                   Articles 5, 6 and 7 of that directive;
In Case C-143/02, Commission of the European Communities                     2.    Orders the Italian Republic to pay the costs.
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, in adopting legislation transposing Council Direc-               (1 ) OJ C 144 of 15.6.2002.
tive 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),
which:
—     excludes from the scope of the rules on the assessment of
      the implications for the environment projects other
      than those listed in the Italian legislation implementing
      directives on environmental impact assessment that are
      likely to have a significant effect on sites of Community              Reference for a preliminary ruling by the Oberlandesger-
      importance,                                                            icht Rostock by order of that Court of 5 February 2003 in
                                                                             the procurement review procedure 1. Simrad GmbH &
                                                                             Co. KG, 2. Kongsberg Simrad AS against Ministry for
—     fails to impose upon the competent authorities of the
                                                                             Education, Science and Culture Mecklenburg-Vorpom-
      Member State any obligation to take appropriate steps in
                                                                                                               mern
      respect of special protection areas to avoid the deterio-
      ration of natural habitats and of the habitats of species or
      disturbance of the species for which the areas were                                                (Case C-50/03)
      designated, in so far as such disturbance could be
      significant in relation to the objectives of Directive 92/
      43,                                                                                               (2003/C 112/13)
—     fails to provide that the conservation measures referred
      to in Article 6(2) of that directive apply to the sites
      referred to in Article 5(1) of that directive,
                                                                             Reference has been made to the Court of Justice of the
                                                                             European Communities by order of the Oberlandesgericht
the Italian Republic has failed to fulfil its obligations under              Rostock (Higher Regional Court, Rostock) of 5 February 2003,
Articles 5, 6 and 7 of that directive, the Court (Third Chamber),            received at the Court Registry on 10 February 2003, for a
composed of: J.-P. Puissochet, President of the Chamber,                     preliminary ruling in the procurement review procedure
C. Gulmann (Rapporteur) and F. Macken, Judges; P. Léger,                     1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against
Advocate General; R. Grass, Registrar, has given a judgment                  Ministry for Education, Science and Culture Mecklenburg-
on 20 March 2003, in which it:                                               Vorpommern on the following questions: