CELEX: C2003/101/14
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 February 2003 in Case C-415/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Conservation of wild birds — Special protection areas)

C 101/8                    EN                          Official Journal of the European Union                                               26.4.2003
General; M.-F. Contet, Principal Administrator, for the Regis-                 (Agent: C. Pochet): Application for a declaration that, in so far
trar, has given a judgment on 27 February 2003, in which it                    as the Région flamande (Flemish Region) has failed to transpose
has ruled:                                                                     Article 4(1) and (2) of and Annex I to Council Directive 79/
                                                                               409/EEC of 2 April 1979 on the conservation of wild birds
                                                                               (OJ 1979 L 103, p. 1), to demarcate special protection areas
1.     Article 2(1) of Council Directive 76/207/EEC of 9 February              within its territory capable of being relied upon as against
       1976 on the implementation of the principle of equal treatment          third parties, and to adopt the measures necessary to ensure
       for men and women as regards access to employment, vocational           that the classification of a site as a special protection area
       training and promotion, and working conditions is to be                 automatically and simultaneously entails the application of
       interpreted as precluding a requirement that an employee who,           a system of protection and conservation complying with
       with the consent of her employer, wishes to return to work              Community law, the Kingdom of Belgium has failed to fulfil
       before the end of her parental leave must inform her employer           its obligations under Article 4(1) and (2) in conjunction with
       that she is pregnant in the event that, because of certain              Article 4(4), as partially amended, of Directive 79/409 in
       legislative prohibitions, she will be unable to carry out all of her    accordance with Article 7 of Council Directive 92/43/EEC of
       duties.                                                                 21 May 1992 on the conservation of natural habitats and of
                                                                               wild fauna and flora (OJ 1992 L 206, p. 7), by Article 6(2) to
                                                                               (4) of the latter directive, the Court (Sixth Chamber), composed
2.     Article 2(1) of Directive 76/207 is to be interpreted as
                                                                               of: J.-P. Puissochet, President of the Chamber, R. Schintgen,
       precluding an employer from contesting under national law the
                                                                               C. Gulmann (Rapporteur), F. Macken and J.N. Cunha Rodri-
       consent it gave to the reinstatement of an employee to return
                                                                               gues, Judges; P. Léger, Advocate General; R. Grass, Registrar,
       before the end of her parental leave on the grounds that it was
       in error as to her being pregnant.                                      has given a judgment on 27 February 2003, in which it:
( 1) OJ C 303 of 27.10.2001.
                                                                               1.    Declares that, in so far as the Région flamande has failed to
                                                                                     transpose Article 4(1) and (2) of and Annex I to Council
                                                                                     Directive 79/409/EEC of 2 April 1979 on the conservation of
                                                                                     wild birds, to demarcate special protection areas within its
                                                                                     territory capable of being relied upon as against third parties,
                                                                                     and to adopt the measures necessary to ensure that the
                                                                                     classification of a site as a special protection area automatically
                    JUDGMENT OF THE COURT                                            and simultaneously entails the application of a system of
                                                                                     protection and conservation complying with Community law,
                                                                                     the Kingdom of Belgium has failed to fulfil its obligations
                            (Sixth Chamber)                                          under Article 4(1) and (2) of Directive 79/409 and the first
                                                                                     sentence of Article 4(4) thereof, as amended, in accordance with
                                                                                     Article 7 of Council Directive 92/43/EEC of 21 May 1992
                          of 27 February 2003                                        on the conservation of natural habitats and of wild fauna and
                                                                                     flora, by Article 6(2) to (4) of the latter directive;
in Case C-415/01: Commission of the European Communi-
                    ties v Kingdom of Belgium (1)
(Failure by a Member State to fulfil its obligations —                         2.    Orders the Kingdom of Belgium to pay the costs.
     Conservation of wild birds — Special protection areas)
                             (2003/C 101/14)
                       (Language of the case: French)
                                                                               (1 ) OJ C 369 of 22.12.2001.
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)
In Case C-415/01, Commission of the European Communities
(Agents: G. Valero Jordana and J. Adda) v Kingdom of Belgium