CELEX: C2002/169/49
Language: en
Date: 2002-07-13 00:00:00
Title: Removal from the register of Case C-479/01

C 169/28               EN                     Official Journal of the European Communities                                   13.7.2002
Pleas in law and main arguments                                          43/EEC were fulfilled. However, that possibility was not in any
                                                                         way taken into account by the competent authority.
In the context of the procedure for the approval of the planned
extension to the golf course in the municipality of Wörschach            (1) OJ 1979 L 103, p. 1.
im Ennstal, the Styrian authority responsible for nature                 (2) OJ 1992 L 206, p. 7.
protection carried out an appraisal of the compatibility of that
project with the conservation objectives laid down for that
area. In the Commission’s view, the expert’s report carried out
by the Institute may be regarded as an assessment of the
implications for the site within the meaning of Article 6(3) of
Council Directive 92/43/EEC on the conservation of natural                      Removal from the register of Case C-479/01 (1)
habitats and of wild fauna and flora. The project in question
gave rise to a potentially grave risk to the only instance, within                                (2002/C 169/49)
the inner Alpine region, of the breeding of the corncrake, a
species of bird threatened with extinction worldwide, within
the special protection area located in the Ennstal in accordance
                                                                         By order of 17 April 2002 the President of the Court of Justice
with Article 4 of Council Directive 79/409/EEC on the
                                                                         of the European Communities ordered the removal from the
conservation of wild birds. On the basis of the results of the
                                                                         register of Case C-479/01: Commission of the European
assessment made of the implications for the site, the project
                                                                         Communities v Kingdom of Belgium.
should not have been approved pursuant to Article 6(3) of
Directive 92/43/EEC. Thus, it was capable of being approved
only if the criteria laid down by Article 6(4) of Directive 92/          (1) OJ C 84 of 6.4.2002.