CELEX: 62008CA0241
Language: en
Date: 2010-03-04 00:00:00
Title: Case C-241/08: Judgment of the Court (Second Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Article 6(2) and (3) — Incorrect transposition — Special areas of conservation — Significant effect of a project on the environment — Non-disturbing nature of certain activities — Assessment of the effects on the environment)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/7
            
         Judgment of the Court (Second Chamber) of 4 March 2010 — European Commission v French Republic
   (Case C-241/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Article 6(2) and (3) - Incorrect transposition - Special areas of conservation - Significant effect of a project on the environment - ‘Non-disturbing’ nature of certain activities - Assessment of the effects on the environment)
   2010/C 113/10
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by D. Recchia and J.-B. Laignelot, Agents)
   
      Defendant: French Republic (represented by G. de Bergues and A.-L. During, Agents)
   
      Re:
   
   Failure of a Member State to fulfil its obligations — Incorrect transposition of Articles 6(2) and 6(3) of Council 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)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that,
               
                           —
                        
                        
                           first, by providing generally that fishing, aquaculture, hunting and other hunting-related activities practised under the conditions and in the areas authorised by the laws and regulations in force do not constitute activities causing disturbance or having such an effect, and
                        
                     
                           —
                        
                        
                           second, by systematically exempting works and developments provided for in Natura 2000 contracts from the procedure of assessment of their implications for the site, and
                        
                     
                           —
                        
                        
                           by systematically exempting works and development programmes and projects which are subject to a declaratory system from that procedure,
                        
                     the French Republic has failed to fulfil its obligations under Article 6(2) and Article 6(3) respectively 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 action as to the remainder;
            
         
               3.
            
            
               Orders the French Republic to pay two thirds of the costs and the European Commission to pay the other third.
            
         
      (1)  OJ C 197, 02.08.2008.