CELEX: C1996/108/04
Language: en
Date: 1996-04-13 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 8 February 1996 in Case C-202/94 (reference for a preliminary ruling made by the Gerechtshof, 's-Hertogenbosch): Criminal proceedings against Godefridus van der Feesten (Council Directive 79/409/EEC on the conservation of wild birds - Scope - Protected species - Application of the Directive to a subspecies not occurring naturally in the wild in the European territory of the Member States)

13 . 4 . 96        I EN                      Official Journal of the European Communities                                   No C 108 /3
               JUDGMENT OF THE COURT                                    Union, was brought before the Court of Justice of the
                       ( Third Chamber )                                European Communities on 3 February 1996 by Giovanni
                                                                        Battista Abello and Others and Gerhard Riesch, represented
                     of 8 February 1996                                 by Michele Tamburini and Franco Colussi , Avvocati , with
in Case C-202/94 ( reference for a preliminary ruling                   an address for service in Luxembourg at the Chambers of
made by the Gerechtshof, 's-Hertogenbosch ): Criminal                   Franco Colussi at 36 Rue de Wiltz .
     proceedings against Godefridus van der Feesten ( 1 )
(Council Directive 79/409/EEC on the conservation of wild               The appellants claim that the Court should :
birds — Scope — Protected species — Application of the
Directive to a subspecies not occurring naturally in the wild           — set aside the judgment of the Court of First Instance of
       in the European territory of the Member States)                      7 December 1995 in Joined Cases T-544/93 and
                           ( 96/C 108 /04 )                                 T-566/93 and proceed to judgment in those cases or
                                                                            refer them back to the Court of First Instance for a
                (Language of the case: Dutch)                               judgment granting the forms of order sought at first
                                                                            instance , namely that the court should :
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                          — order the Commission to give precise details of the
                                                                                headings, surveys and prices on the basis of which it
In Case C-202/94 : reference to the Court under Article 177
                                                                                determined the basic exchange rates used in order to
                                                                                fix the weightings refèrred to in Regulations ( EEC,
of the EC Treaty by the Gerechtshof ( Regional Court                            Euratom, ECSC ) No 3761 /92 ('), ( EEC , Euratom,
of Appeal ), ' s-Hertogenbosch ( the Netherlands ), for a                       ECSC ) No 3765/92 ( 2 ) and ( EEC, Euratom, ECSC )
preliminary ruling in the criminal proceedings before that                      No 3766/92 ( 3 ),
court against Godefridus van der Feesten — on the
interpretation of Council Directive 79/409/EEC of 2 April
 1979 on the conservation of wild birds ( OJ 1979 L 103 , p . 1 )
                                                                            — make an assessment of the suitability of those
— the Court (Third Chamber ), composed of: J. -P.
                                                                                headings, surveys and prices, and of the conclusions
                                                                                drawn from them in order to fix the abovementioned
 Puissochet, President of the Chamber, J. C. Moitinho
                                                                                weightings ,
 de Almeida and C. Gulmann ( Rapporteur), Judges;
 N. Fennelly, Advocate-General ; H. von Holstein, Deputy
 Registrar, for the Registrar, has given a judgment on                      — declare that the applicants' remuneration, as given in
 8 February 1996 , the operative part of which is as                            the salary slips for December 1992 et seq., does not
 follows :                                                                      correspond to what is owed to them and that
                                                                                Regulations ( EEC, Euratom, ECSC ) No 3761 /92 ,
                                                                                ( EEC, Euratom, ECSC ) No 3765/92 and ( EEC,
 Council Directive 79/409/EEC of 2 April 1979 on the                            Euratom, ECSC ) No 3766/92 therefore do not apply
 conservation of wild birds applies to bird subspecies which                    to them,
 occur naturally in the wild only outside the European
 territory of the Member States if the species to which they
                                                                            — declare those salary slips to be unlawful and annul
 belong or other subspecies of that species occur naturally in                  them,
 the wild within the terrirtory in question .
                                                                             — annul the Commission's decision of 12 August 1993
 (') OJ No C 233 , 20 . 8 . 1994 .
                                                                                rejecting the complaint submitted by Gerhard Riesch
                                                                                under Article 90 ( 2 ) of the Staff Regulations,
                                                                             — order any measure which may be considered
                                                                                 appropriate as a result,
 Appeal brought on 3 February 1996 by Giovanni Battista
 Abello and Others and Gerhard Riesch against the jugdment                   — order the Commission to pay the sums due and to
 delivered on 7 December 1995 by the Fourth Chamber of                           pay compensation for any loss ( including loss
 the Court of First Instance of the European Communities in                      resulting from currency depreciation in the
 Joined Cases T-544/93 and T-566/93 between Giovanni                             intervening period from the due date of payment ),
 Battista Abello and Others and Gerhard Riesch and the                           together with the costs of the case, to be calculated by
  Commission of the European Communities, supported by                           reference to the maximum permitted under the
              the Council of the European Union                                  Italian legal fee structure currently in force .
                         ( Case C-30/96 P)
                             ( 96/C 108/05 )                             Pleas and main arguments adduced in support:
  An appeal against the judgment delivered on 7 December                 The appellants challenge the judgment of the Court of First
  1995 by the Fourth Chamber of the Court of First Instance              Instance on the ground that it constitutes a manifest
  of the European Communities in Joined Cases T-544/93 and               infringement of Community law .
  T-566/93 , between Giovanni Battista Abello and Others
  and Gerhard Riesch and the Commission of the European                  The judgment of the Court of First Instance is contrary to
  Communities, supported by the Council of the European                  the fundamental principles of legal procedure , such as the