CELEX: C2001/289/02
Language: en
Date: 2001-10-13 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 11 September 2001 in Case C-71/99: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 92/43/EEC — Conservation of natural habitats — Conservation of wild fauna and flora — Article 4(1) — List of sites — Site information)

13.10.2001              EN                    Official Journal of the European Communities                                             C 289/1
                                                                      I
                                                                (Information)
                                                   COURT OF JUSTICE
                                                            COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                    1.    Declares that, by failing to transmit to the Commission, within
                                                                                the period prescribed, the list of sites mentioned in the first
                                                                                subparagraph of Article 4(1) of Council Directive 92/43/EEC
                         (Sixth Chamber)                                        of 21 May 1992 on the conservation of natural habitats and
                                                                                of wild fauna and flora, together with the information on those
                                                                                sites required by the second subparagraph of Article 4(1)
                                                                                thereof, Ireland has failed to fulfil its obligations under that
                      of 11 September 2001                                      directive;
                                                                          2.    Orders Ireland to bear the costs.
in Case C-67/99: Commission of the European Communi-
                          ties v Ireland (1)                              (1) OJ C 136 of 15.5.1999.
(Failure by a Member State to fulfil its obligations —
Directive 92/43/EEC — Conservation of natural habitats —
Conservation of wild fauna and flora — Article 4(1) — List
                   of sites — Site information)
                                                                                            JUDGMENT OF THE COURT
                          (2001/C 289/01)                                                           (Sixth Chamber)
                                                                                                 of 11 September 2001
                   (Language of the case: English)
                                                                          in Case C-71/99: Commission of the European Communi-
                                                                                       ties v Federal Republic of Germany(1)
In Case C-67/99: Commission of the European Communities
(Agents: R. Wainwright and P. Stancanelli) v Ireland (Agent:              (Failure by a Member State to fulfil its obligations —
M.A. Buckley, assisted by, H.A. Whelehan and A.M. Collins)                Directive 92/43/EEC — Conservation of natural habitats —
— application for a declaration that, by failing to transmit to           Conservation of wild fauna and flora — Article 4(1) — List
the Commission the full list of sites mentioned in the first                                  of sites — Site information)
subparagraph of Article 4(1) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and                                           (2001/C 289/02)
of wild fauna and flora (OJ 1992 L 206, p. 7), together
with the information on each site required by the second                                      (Language of the case: German)
subparagraph of Article 4(1) thereof, Ireland has failed to
fulfil its obligations under that directive — the Court (Sixth
Chamber), composed of: C. Gulmann (Rapporteur), President                 (Provisional translation; the definitive translation will be published
of the Chamber, V. Skouris, R. Schintgen, F. Macken and                                       in the European Court Reports)
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
H. von Holstein, Deputy Registrar, for the Registrar, has given           In Case C-71/99: Commission of the European Communities
a judgment on 11 September 2001, in which it:                             (Agents: G. zur Hausen and P. Stancanelli) v Federal Republic
 ---pagebreak--- C 289/2                  EN                      Official Journal of the European Communities                                         13.10.2001
of Germany (Agents: W.-D. Plessing and C.-D. Quassowski) —                  Republic (Agents: K. Rispal-Bellanger and D. Colas) — appli-
application for a declaration that, by failing to transmit to the           cation for a declaration that, by failing to transmit to the
Commission the full list of sites mentioned in the first                    Commission the full list of sites mentioned in the first
subparagraph of Article 4(1) of Council Directive 92/43/EEC                 subparagraph of Article 4(1) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and                  of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora (OJ 1992 L 206, p. 7), together                     of wild fauna and flora (OJ 1992 L 206, p. 7), together
with the information on each site required by the second                    with the information on each site required by the second
subparagraph of Article 4(1) thereof, the Federal Republic of               subparagraph of Article 4(1) thereof, the French Republic has
Germany has failed to fulfil its obligations under that directive           failed to fulfil its obligations under that directive — the Court
— the Court (Sixth Chamber), composed of: C. Gulmann                        (Sixth Chamber), composed of: C. Gulmann (Rapporteur),
(Rapporteur), President of the Chamber, V. Skouris, R. Schint-              President of the Chamber, V. Skouris, R. Schintgen, F. Macken
gen, F. Macken and J.N. Cunha Rodrigues, Judges; P. Léger,                  and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
Advocate General; R. Grass, Registrar, has given a judgment                 H. von Holstein, Deputy Registrar, for the Registrar, has given
on 11 September 2001, in which it:                                          a judgment on 11 September 2001, in which it:
1.    Declares that, by failing to transmit to the Commission, within       1.    Declares that, by failing to transmit to the Commission, within
      the prescribed period, the list of sites mentioned in the first             the period prescribed, the list of sites mentioned in the first
      subparagraph of Article 4(1) of Council Directive 92/43/EEC                 subparagraph of Article 4(1) of Council Directive 92/43/EEC
      of 21 May 1992 on the conservation of natural habitats and                  of 21 May 1992 on the conservation of natural habitats and
      of wild fauna and flora, together with the information on those             of wild fauna and flora, together with the information on those
      sites required by the second subparagraph of Article 4(1)                   sites required by the second subparagraph of Article 4(1)
      thereof, the Federal Republic of Germany has failed to fulfil its           thereof, the French Republic has failed to fulfil its obligations
      obligations under that directive;                                           under that directive;
2.    Orders the Federal Republic of Germany to bear the costs.             2.    Orders the French Republic to bear the costs.
                                                                            (1) OJ C 226 of 7.8.1999.
(1) OJ C 160 of 5.6.1999.
                                                                                              JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                           (Sixth Chamber)
                                                                                                         of 12 July 2001
                        of 11 September 2001
                                                                            in Case C-262/99 (reference for a preliminary ruling from
in Case C-220/99: Commission of the European Communi-                       the Trimeles Diikitiko Protodikio Irakliou): Paraskevas
                      ties v French Republic (1)                                           Louloudakis v Elliniko Dimosio (1)
(Failure by a Member State to fulfil its obligations —                      (Directive 83/182/EEC — Means of transport temporarily
Directive 92/43/EEC — Conservation of natural habitats —                    imported — Tax exemptions — Normal residence in a
Conservation of wild fauna and flora — Article 4(1) — List                  Member State — Fine for improperly importing exempt from
                    of sites — Site information)                                   tax — Principle of proportionality — Good faith)
                           (2001/C 289/03)                                                              (2001/C 289/04)
                     (Language of the case: French)                                               (Language of the case: Greek)
(Provisional translation; the definitive translation will be published      (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-220/999: Commission of the European Communi-                      In Case C-262/99: reference to the Court under Article 234
ties (Agents: P. Stancanelli and O. Couvert-Castéra) v French               EC from the Trimeles Diikitiko Protodikio Irakliou (Greece),