CELEX: C1998/378/20
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 16 October 1998 by the Commission of the European Communities against the French Republic (Case C-374/98)

5.12.98                  EN                 Official Journal of the European Communities                                       C 378/11
      relied on the criteria which it defined in its                   Pleas in law and main arguments adduced in support:
      communications of 5 June 1996 (3) and of 8 January
      1997 (4). In so doing, it applied a weighting of 4/20 in
      respect of the seriousness of the infringement and 2,5/
      3 in respect of the duration. Finally, it set a coefficient      Ð Infringement of Article 4(1) and (2) of Directive 79/
      of 21,1 for factor (n) relating to France (in accordance              409/EEC: France is under an obligation to adopt
      with its communication of 8 January 1997).                            special conservation measures concerning the Basses
                                                                            CorbieÁres' and in particular to classify that area as a
                                                                            special protection area as provided in Article 4(1) and
(1 ) [1988] ECR 2243.                                                       (2) of the Wild Birds' Directive. The area provides a
(2 ) OJ L 103, 25.8.1979, p. 1.                                             habitat for several species listed in Annex I to the Wild
(3 ) OJ C 242, 21.8.1996, p. 6.                                             Birds Directive, a number of which are in danger of
(4 ) OJ C 63, 28.2.1997, p. 2.                                              extinction, are rare or require particular attention
                                                                            because of the specific nature of their habitat.
                                                                            Moreover, the area in question plays an important
                                                                            part in the migration of birds of prey. Finally, although
                                                                            the French authorities adopted an order concerning
                                                                            biotopes on the ground that one of the last two pairs
                                                                            of Bonnelli's eagles (Hieraaetus fasciatus) in the
                                                                            deÂpartement has its nesting grounds there, no special
Action brought on 16 October 1998 by the Commission                         conservation measure was adopted or planned so far
of the European Communities against the French Republic                     as concerns the other species included in Annex I to
                                                                            the Wild Birds Directive, which have their habitats in
                          (Case C-374/98)                                   the Basses CorbieÁres', or in so far as concerns
                                                                            migratory species, in particular the birds of prey which
                            (98/C 378/20)                                   frequent the area.
                                                                       Ð Infringement of Article 6(2), (3) and (4) of Directive
An action against the French Republic was brought before
                                                                            92/43/EEC: the obligations imposed by the first
the Court of Justice of the European Communities on
                                                                            sentence of Article 4(4) of Directive 79/409/EEC in a
16 October 1998 by the Commission of the European
                                                                            special protection area must also be fulfilled where
Communities, represented by Paolo Stancanelli, of its
                                                                            such a zone, contrary to Article 4(1) and (2) of the
Legal Service, and Olivier Couvert-CasteÂra, a national
                                                                            directive, has not yet been created (judgment in Case
civil servant on secondment to the Legal Service, acting as
                                                                            C-355/90) (3). In view of the fact that since 10 June
Agents, with an address for service in Luxembourg at the
                                                                            1994, the date of transposition of Directive 92/43/
office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                            EEC, the obligations under Article 6(2), (3) and (4)
Wagner Centre, Kirchberg.
                                                                            thereof replaced those under the first sentence of
                                                                            Article 4(4) of the Wild Birds Directive, the
                                                                            Commission is of the view that the obligations of the
                                                                            Habitats' Directive were to be fulfilled with effect
The applicant claims that the Court should:
                                                                            from 10 June 1994, in the case of the Basses
                                                                            CorbieÁres' area, even if it had not yet been classified
                                                                            as a special protection area under Article 4(1) and (2)
                                                                            of the Wild Birds Directive. However, the Commission
Ð declare, first, that, by failing to classify the area of the
                                                                            considers that the implementation of a project to open
      Basses CorbieÁres' as a special protection area for the
                                                                            and operate limestone quarries within the area
      conservation of certain species of birds listed in
                                                                            concerned is a clear indication that the French
      Annex I to Council Directive 79/409/EEC (1), and of
                                                                            authorities have not adopted adequate measures to
      certain migrating species not listed in Annex I, and by
                                                                            avoid disturbance of the species which have their
      also failing to adopt special conservation measures
                                                                            habitat there. The tardy attempt to show, ex post
      concerning their habitat, contrary to Article 4(1) and
                                                                            facto, that the acts authorising the installation of the
      (2) thereof, and, secondly, that, failing to take the
                                                                            industrial plant did observe the requirements of
      appropriate measures concerning              the   Basses
                                                                            Directive 92/43/EEC does not remove the infringement
      CorbieÁres' to avoid disturbance of the species under
                                                                            of that directive.
      protection in that area as well as the deterioration of
      habitats likely to have a significant effect, following
      the opening and operation of limestone quarries                  (1) Council Directive 79/409/EEC of 2 April 1979 on the
      within the communes of Tautavel and Vingrau,                         conservation of wild birds (OJ L 103, 25.8.1979, p. 1).
      contrary to Article 6(2), (3) and (4) of Directive               (2) Council Directive 92/43/EEC of 21 May 1992 on the
      Council 92/43/EEC (2), the French Republic has failed                conservation of natural habitats and of wild fauna and flora
      to fulfil its obligations under the Treaty; and                      (OJ L 206, 22.7.1992, p. 7).
                                                                       (3) Case C-355/90 Commission v. Spain [1993] ECR I-4221.
Ð order the French Republic to pay the costs.