CELEX: C2007/199/03
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-235/04: Judgment of the Court (Second Chamber) of 28 June 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas — IBA 98 — Value — Quality of the data — Criteria — Margin of discretion — Manifest inadequacy as to number and size of areas classified)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/2
            
         Judgment of the Court (Second Chamber) of 28 June 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-235/04) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection areas - IBA 98 - Value - Quality of the data - Criteria - Margin of discretion - Manifest inadequacy as to number and size of areas classified)
   (2007/C 199/03)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. van Beek and G. Valero Jordana, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 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) — Failure to classify as special protection areas the areas most appropriate for conservation of the species listed in Annex I to the Directive and migratory species
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to classify as special protection areas for birds territories of adequate size in the Autonomous Communities of Andalusia, the Balearics and the Canaries, and territories of sufficient number in the Autonomous Communities of Andalusia, the Balearics, the Canaries, Castilla-La Mancha, Catalonia, Galicia and Valencia to provide protection for all the species of birds listed in Annex I to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended, inter alia, by Commission Directive 97/49/EC of 29 July 1997, and the migratory species not covered by that annex, the Kingdom of Spain has failed to fulfil its obligations under Article 4(1) and (2) of Directive 79/409, as amended;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 201, 7.8.2004.