CELEX: C2005/315/09
Language: en
Date: 2005-12-10 00:00:00
Title: Judgment of the Court (Second Chamber) of  20 October 2005  in Case C-6/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fufil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)

10.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/5
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 20 October 2005
   in Case C-6/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (1)
   
   (Failure of a Member State to fufil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora)
   (2005/C 315/09)
   Language of the case: English
   In Case C-6/04, Commission of the European Communities (Agents: M. van Beek and L. Flynn) v United Kingdom of Great Britain and Northern Ireland (Agent: C. Jackson, assisted by K. Smith, Barrister) — Action under Article 226 EC for failure to fulfil obligations, brought on 9 January 2004 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen, R. Silva de Lapuerta, G. Arestis and J. Klučka (Rapporteur), Judges; J. Kokott, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 20 October 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, all the measures necessary in order to implement completely and correctly the requirements of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and in particular of:
               
                           —
                        
                        
                           Article 6(2), as regards Gibraltar,
                        
                     
                           —
                        
                        
                           Article 6(3) and (4), as regards water abstraction plans and projects and land use plans,
                        
                     
                           —
                        
                        
                           Article 11,
                        
                     
                           —
                        
                        
                           Article 12(1)(d), as regards Gibraltar,
                        
                     
                           —
                        
                        
                           Article 12(2),
                        
                     
                           —
                        
                        
                           Article 12(4),
                        
                     
                           —
                        
                        
                           Article 13(1),
                        
                     
                           —
                        
                        
                           Article 14(2),
                        
                     
                           —
                        
                        
                           Article 15,
                        
                     
                           —
                        
                        
                           Article 16,
                        
                     
                           —
                        
                        
                           the whole of Directive 92/43 beyond its territorial waters,
                        
                     the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         
      (1)  OJ C 59, 06.03.2004.