CELEX: C2002/180/05
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 June 2002 in Case C-117/00: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Special protection areas)

27.7.2002               EN                      Official Journal of the European Communities                                             C 180/3
the Convention of 27 September 1968 on Jurisdiction and the                                  JUDGMENT OF THE COURT
Enforcement of Judgments in Civil and Commercial Matters,
by the Bundesgerichtshof (Germany) for a preliminary ruling
in the proceedings pending before that court between Italian                                         (Sixth Chamber)
Leather SpA and WECO Polstermöbel GmbH & Co., on the
interpretation of Title III, headed ‘Recognition and enforce-
ment’, of the abovementioned Convention of 27 September                                              of 13 June 2002
1968 (OJ 1978 L 304, p. 36), as amended by the Convention
of 9 October 1978 on the Accession of the Kingdom of
Denmark, Ireland and the United Kingdom of Great Britain                   in Case C-117/00: Commission of the European Communi-
and Northern Ireland (OJ 1978 L 304, p. 1 and — amended                                               ties v Ireland (1)
text — p. 77), by the Convention of 25 October 1982 on the
Accession of the Hellenic Republic (OJ 1982 L 388, p. 1) and
by the Convention of 26 May 1989 on the Accession of the                   (Failure by a Member State to fulfil its obligations —
Kingdom of Spain and the Portuguese Republic (OJ 1989                      Directives 79/409/EEC and 92/43/EEC — Conservation of
L 285, p. 1), the Court (Fifth Chamber), composed of: P. Jann,                          wild birds — Special protection areas)
President of the Chamber, D.A.O. Edward, A. La Pergola,
M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges;
P. Léger, Advocate General; H.A. Rühl, Principal Administrator,                                      (2002/C 180/05)
for the Registrar, has given a judgment on 6 June 2002, in
which it has ruled:
                                                                                               (Language of the case: English)
                                                                           In Case C-117/00, Commission of the European Communities
1.    On a proper construction of Article 27(3) of the Convention of       (Agent: R. Wainwright) v Ireland (Agent: D. J. O’Hagan, assisted
      27 September 1968 on Jurisdiction and the Enforcement of             by C. Mac Eochaidh, BL): Application for a declaration that, by
      Judgments in Civil and Commercial Matters, as amended by             failing to take all the measures necessary to comply with
      the Convention of 9 October 1978 on the Accession of the             Article 3 of Council Directive 79/409/EEC of 2 April 1979 on
      Kingdom of Denmark, Ireland and the United Kingdom of                the conservation of wild birds (OJ 1979 L 103, p. 1), in respect
      Great Britain and Northern Ireland, by the Convention of             of the Red Grouse, and with the first sentence of Article 4(4)
      25 October 1982 on the Accession of the Hellenic Republic            of that directive and Article 6(2) of Council Directive 92/43/
      and by the Convention of 26 May 1989 on the Accession of             EEC of 21 May 1992 on the conservation of natural habitats
      the Kingdom of Spain and the Portuguese Republic, a foreign          and of wild fauna and flora (OJ 1992 L 206, p. 7), in respect
      decision on interim measures ordering an obligor not to carry        of the Owenduff-Nephin Beg Complex special protection area,
      out certain acts is irreconcilable with a decision on interim        Ireland has failed to comply with those directives and has
      measures refusing to grant such an order in a dispute between        failed to fulfil its obligations under the EC Treaty, the Court
      the same parties in the State where recognition is sought.           (Sixth Chamber), composed of: F. Macken, President of the
                                                                           Chamber, C. Gulmann (Rapporteur) and V. Skouris, Judges;
                                                                           P. Léger, Advocate General; L. Hewlett, Administrator, for the
                                                                           Registrar, has given a judgment on 13 June 2002, in which it:
2.    Where a court of the State in which recognition is sought finds
      that a judgment of a court of another Contracting State is           1.    Declares that, by failing to take the measures necessary to
      irreconcilable with a judgment given by a court of the former              safeguard a sufficient diversity and area of habitats for the Red
      State in a dispute between the same parties, it is required to             Grouse and by failing to take appropriate steps to avoid, in the
      refuse to recognise the foreign judgment.                                  Owenduff-Nephin Beg Complex special protection area, the
                                                                                 deterioration of the habitats of the species for which the special
                                                                                 protection area was designated, Ireland has failed to fulfil its
                                                                                 obligations under Article 3 of Council Directive 79/409/EEC
                                                                                 of 2 April 1979 on the conservation of wild birds and
                                                                                 Article 6(2) of Council Directive 92/43/EEC of 21 May 1992
                                                                                 on the conservation of natural habitats and of wild fauna and
(1) OJ C 147 of 27.5.2000.                                                       flora;
                                                                           2.    Orders Ireland to pay the costs.
                                                                           (1) OJ C 163 of 10.6.2000.