CELEX: 62008CA0573
Language: en
Date: 2010-07-15 00:00:00
Title: Case C-573/08: Judgment of the Court (Third Chamber) of 15 July 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Measures transposing the directive)

11.9.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 246/3
            
         Judgment of the Court (Third Chamber) of 15 July 2010 — European Commission v Italian Republic
   (Case C-573/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Measures transposing the directive)
   2010/C 246/03
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: D. Recchia, Agent)
   
      Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Incorrect transposition — Derogations — Requirements
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that by failing to transpose Council Directive 79/409/EEC of 2 April 1979, on the conservation of wild birds, into Italian law in a manner which is wholly in compliance with that directive, and by failing to transpose Article 9 of that directive in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements referred to in that article, the Italian Republic has failed to fulfil its obligations under Articles 2 to 7, 9 to 11, 13 and 18 of the directive;
            
         
               2.
            
            
               orders the Italian Republic to bear the costs, including those linked to the interlocutory proceedings.
            
         
      (1)  OJ C 55, 7.3.2009.