CELEX: C2007/211/03
Language: en
Date: 2007-09-08 00:00:00
Title: Case C-507/04: Judgment of the Court (Fourth Chamber) of 12 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Conservation of wild birds — Directive 79/409/EEC — Measures transposing the directive)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/2
            
         Judgment of the Court (Fourth Chamber) of 12 July 2007 — Commission of the European Communities v Republic of Austria
   (Case C-507/04) (1)
   
   (Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Measures transposing the directive)
   (2007/C 211/03)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. van Beek, B. Schima and M. Lang, acting as Agents)
   
      Defendant: Republic of Austria (represented by: H. Dossi, acting as Agent)
   Re:
   Failure of a Member State to fulfil obligations — Incomplete and incorrect transposition of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to transpose correctly
               
                           —
                        
                        
                           Article 1(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, in Burgenland, Carinthia, Lower Austria, Upper Austria and Styria;
                        
                     
                           —
                        
                        
                           Article 5 of Directive 79/409 in Burgenland, Carinthia, Lower Austria, Upper Austria and Styria;
                        
                     
                           —
                        
                        
                           Article 6(1) of Directive 79/409 in Upper Austria;
                        
                     
                           —
                        
                        
                           Article 7(1) of Directive 79/409 in Carinthia, Lower Austria and Upper Austria;
                        
                     
                           —
                        
                        
                           Article 7(4) of Directive 79/409 in the following provinces and regarding the following species:
                           
                                       —
                                    
                                    
                                       in Carinthia as regards the capercaillie, black grouse, common coot, woodcock, wood pigeon and collared dove,
                                    
                                 
                                       —
                                    
                                    
                                       in Lower Austria as regards the wood pigeon, capercaillie, black grouse and woodcock,
                                    
                                 
                                       —
                                    
                                    
                                       in Upper Austria as regards the capercaillie, black grouse and woodcock,
                                    
                                 
                                       —
                                    
                                    
                                       in the Province of Salzburg as regards the capercaillie, black grouse and woodcock,
                                    
                                 
                                       —
                                    
                                    
                                       in Styria as regards the capercaillie, black grouse and woodcock,
                                    
                                 
                                       —
                                    
                                    
                                       in Tyrol as regards the capercaillie and black grouse,
                                    
                                 
                                       —
                                    
                                    
                                       in Vorarlberg as regards the black grouse, and
                                    
                                 
                                       —
                                    
                                    
                                       in the Province of Vienna as regards the woodcock;
                                    
                                 
                     
                           —
                        
                        
                           Article 8 of Directive 79/409 in Lower Austria;
                        
                     
                           —
                        
                        
                           Article 9(1) and (2) of Directive 79/409 in Burgenland, Lower Austria as regards Paragraph 20(4) of the Law of Lower Austria on Nature Protection (Niederösterreichisches Naturschutzgesetz), Upper Austria, the Province of Salzburg, Tyrol and Styria;
                        
                     
                           —
                        
                        
                           Article 11 of Directive 79/409 in Lower Austria,
                        
                     the Republic of Austria has failed to fulfil its obligations under Article 10 EC, Article 249 EC and Article 18 of Directive 79/409;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 45, 19.2.2005.