CELEX: 62009CN0340
Language: en
Date: 2009-08-25 00:00:00
Title: Case C-340/09: Action brought on 25 August 2009 — Commission of the European Communities v Kingdom of Spain

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/15
            
         Action brought on 25 August 2009 — Commission of the European Communities v Kingdom of Spain
   (Case C-340/09)
   2009/C 256/29
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and D. Recchia, Agents)
   
      Defendant: Kingdom of Spain
   
      Forms of order sought
   
   
               —
            
            
               Declare that the Kingdom of Spain has failed to fulfil its obligations under Article 4(2), (3), (4) and (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, (1) in respect of certain zoos in the Autonomous Communities of Aragon, Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Valencia, Extremadura and Galicia:
               
                           —
                        
                        
                           by failing to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and
                        
                     
                           —
                        
                        
                           by failing to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed;
                        
                     
         
               —
            
            
               order the Kingdom of Spain to pay the costs.
            
         
      Pleas in law and main arguments
   
   The Commission considers that the Kingdom of Spain:
   
               —
            
            
               has failed to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and
            
         
               —
            
            
               has failed to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed.
            
         
      (1)  OJ 1999 L 94, p. 24.