CELEX: C2002/097/15
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-61/02: Action brought on 26 February 2002 by the Commission of the European Communities against the Republic of Austria

C 97/8                EN                   Official Journal of the European Communities                                         20.4.2002
Action brought on 26 February 2002 by the Commission                  2002 by the Commission of the European Communities,
of the European Communities against the Republic of                   represented by António Caeiros, acting as Agent, with an
                              Austria                                 address for service in Luxembourg.
                         (Case C-61/02)
                                                                      The applicant claims that the Court should:
                         (2002/C 97/15)
                                                                      —     Declare that
An action against the Republic of Austria was brought                       1.    by failing to transpose the following provisions into
before the Court of Justice of the European Communities on                        its legal system:
26 February 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis                   —     Article 3(3), Article 10, Article 11 and Arti-
Escobar Guerrero, of its Legal Service, Wagner Centre C 254,                            cle 12(4) of Directive 92/43/EEC;
Kirchberg.
                                                                                  —     Article 7, Article 8 and Article 12 of Directive
The Commission claims that the Court should:                                            79/409/EEC; and
1.    declare that, by not adopting within the time-limit laid              2.    by failing to transpose correctly
      down the provisions and measures necessary to comply
      with Council Directive 98/58/EC (1) of 20 July 1998
      concerning the protection of animals kept for farming                       —     Article 1,     Article      6(3),      Article 6(4),
      purposes, the Republic of Austria has failed to fulfil its                        Article 12(1)(d), Article 6(1) and Article 6(2) of
      obligations under the EC Treaty;                                                  Directive 92/43/EEC,
2.    order the Republic of Austria to pay the costs.
                                                                                  —     Article 2, Article 4(1), Article 4(4) and Article 6
                                                                                        of Directive 79/409/EEC,
Pleas in law and main arguments                                             the Portuguese Republic failed to fulfil its obligations
                                                                            under Article 23 of Directive 92/43/EEC Council Direc-
By virtue of the binding nature of the third paragraph of                   tive 92/43/EEC (1) of 21 May 1992 on the conservation
Article 249 EC and the first paragraph of Article 10 EC, the                of natural habitats and of wild fauna and flora and
Member States are obliged to transpose a directive addressed                Article 18 of Council Directive 79/409/EEC (2) of 2 April
to them into national law so that it has full effect on expiry of           1979 on the conservation of wild birds;
the period laid down for its transposition. The period for
transposition laid down in Article 10 of the directive expired        —     Order the Portuguese Republic to pay the costs.
on 31 December 1999 without all Länder having as yet
adopted the necessary provisions.
(1) OJ L 221, 8.8.1998, p. 23.
                                                                      Pleas in law and main arguments
                                                                      The Portuguese Republic has not contested any of the Commis-
                                                                      sion’s complaints set out in the reasoned opinion. Rather, it
                                                                      appears from the reply of the Portuguese Government and, in
Action brought on 4 March 2002 by Commission of the                   particular, from the report that legislation implementing
    European Communities against Portuguese Republic                  Directives 79/409/EEC and 92/43/EEC is being prepared, that
                                                                      that Government admits that those complaints are well
                                                                      founded.
                         (Case C-72/02)
                         (2002/C 97/16)
                                                                      (1) OJ 1992 L 206, p. 7.
                                                                      (2) OJ 1979 L 103, p. 1.
An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 4 March