CELEX: C2006/224/22
Language: en
Date: 2006-09-16 00:00:00
Title: Case C-191/05: Judgment of the Court (Second Chamber) of 13 July 2006 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection area — Alteration without scientific basis)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/12
            
         Judgment of the Court (Second Chamber) of 13 July 2006 — Commission of the European Communities v Portuguese Republic
   (Case C-191/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection area - Alteration without scientific basis)
   (2006/C 224/22)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. van Beek and A. Caeiros, Agents)
   
      Defendant: Portuguese Republic (represented by: L. Fernandes, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 4(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Special protection area — Alteration without scientific basis
   Operative part of the judgment
   The Court hereby:
   
               1.
            
            
               Declares that, by altering the demarcation of the ‘Moura, Mourão, Barrancos’ Special Protection Area, thereby excluding from it areas providing a habitat for species of wild birds for whose protection that area was designated, the Portuguese Republic has failed to fulfil its obligations under Article 4(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;
            
         
               2.
            
            
               
                  Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 155, 25.6.2005.