CELEX: C2001/317/45
Language: en
Date: 2001-11-10 00:00:00
Title: Removal from the register of Case C-414/00

10.11.2001              EN                    Official Journal of the European Communities                                       C 317/23
Pleas in law and main arguments                                          The applicant claims that the Court should
                                                                         1.    Declare that, by failing to adopt and bring into force
The Commission submits that the provisions of Articles 5(c)                    within the prescribed period the laws, regulations and
and (e) and 6(1) of the directive apply equally to live or dead                administrative provisions necessary to comply with
birds and to readily recognisable parts or derivatives of birds                Directive 98/7/EC of the European Parliament and of
and to their eggs which a person keeps on the territory of the                 the Council of 16 February 1998 amending Directive
legislating Member State and which have been killed, captured                  87/102/EEC for the approximation of the laws, regu-
or otherwise acquired, or of which that person has obtained                    lations and administrative provisions of the Member
possession by any other means in a Member State other than                     States concerning consumer credit (1), or, in any event, by
the legislating Member State, subject to Articles 1 and 9 as                   failing to communicate such provisions to the Com-
regards the prohibition on keeping refered to in Article 5(c)                  mission, the Kingdom of Spain has failed to fulfil its
and (e), and subject to Article 6(2) as regards the acts referred              obligations under Article 2(1) of that directive;
to in Article 6(1) of the directive. Consequently, Articles 5(c)         2.    Order the Kingdom of Spain to pay the costs.
and (e) and 6(1) of the directive apply to species and subspecies
of birds naturally occurring in the wild state in the European
territory of the Member States to which the Treaty applies,              Pleas in law and main arguments
even though not naturally occurring in the wild state in
Belgium, and also to subspecies of birds naturally occurring in          According to Article 2(1) of the directive, the Kingdom of
the wild state only outside the European territory of the                Spain was to have brought into force the provisions necessary
Member States where the species to which they belong or                  to comply with it no later than 21 April 2001 and inform the
other subspecies of that species occur naturally in the wild             Commission immediately thereof.
state in the territory in question.
                                                                         (1) OJ 1998 L 101, p. 17.
The period for transposing the directive expired on 16 April
1981.
(1) Council Directive 79/409/EEC of 2 April 1979 on the conser-                 Removal from the register of Case C-412/00 (1)
    vation of wild birds (OJ L 103 of 25.04.1979, p. 1).
                                                                                                 (2001/C 317/44)
                                                                         By order of the President of the Court of Justice of the
                                                                         European Communities has ordered the removal from the
                                                                         register of Case C-412/00: Commission of the European
                                                                         Communities v Portuguese Republic.
Action brought on 8 October 2001 by the Commission                       (1) OJ C 28 of 27.1.2001.
of the European Communities against the Kingdom of
                                Spain
                          (Case C-386/01)                                       Removal from the register of Case C-414/00 (1)
                                                                                                 (2001/C 317/45)
                          (2001/C 317/43)
                                                                         By order of 10 September 2001 the President of the Fourth
An action against the Kingdom of Spain was brought before                Chamber of the Court of Justice of the European Communities
the Court of Justice of the European Communities on 8 Octo-              has ordered the removal from the register of Case C-414/00:
ber 2001 by the Commission of the European Communities,                  Commission of the European Communities v Portuguese
represented by I. Martı́nez del Peral, acting as Agent, with an          Republic.
address for service in Luxembourg at the office of L. Escobar,
Wagner Centre C 254.                                                     (1) OJ C 28 of 27.1.2001.