CELEX: 62007CJ0293
Language: en
Date: 2008-12-11
Title: 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. # Case C-293/07.

Judgment of the Court (Second Chamber) of 11 December 2008 – Commission v Greece
      (Case C‑293/07)
      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
      1.                     Environment – Conservation of wild birds – Directive 79/409 – Special conservation measures (Council Directive 79/409, Art.
            4(1) and (2), and Art. 4(4), as amended by Directive 92/43, Art. 6(2) to (4)) (see paras 21-23, 36, operative part 1)
      2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (see para. 32)
      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 that directive,
                  as amended by Article 6(2) to (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 likely
                  to 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
      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 sustainable 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 21May 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.