CELEX: C2000/163/16
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-105/00: Action brought on 21 March 2000 by the Commission of the European Communities against the Portuguese Republic

C 163/10               EN                    Official Journal of the European Communities                                       10.6.2000
The Commission claims that the Court should:                            Action brought on 21 March 2000 by the Commission
                                                                        of the European Communities against the Portuguese
                                                                                                     Republic
— declare that, by failing to adopt and to notify to the
     Commission, within the time-limit laid down, the requisite
                                                                                                 (Case C-105/00)
     measures to establish and implement an effective system
     of strict protection for the sea turtle caretta caretta on
     Zakinthos so as to avoid any disturbance of the species                                     (2000/C 163/16)
     during its egg-laying period (end of May to end of August)
     and any activity which might bring about deterioration in,         An action against the Portuguese Republic was brought before
     or destruction of, its breeding areas, and consequently not        the Court of Justice of the European Communities on 31 March
     complying with its obligations pursuant to Article 12(1)(b)        2000 by the Commission of the European Communities,
     and (d) of Council Directive 92/43/EEC (1) of 21 May 1992          represented by Ana Maria Alves Vieira, of its Legal Service,
     on the conservation of natural habitats and of wild fauna          acting as Agent, with an address for service in Luxembourg at
     and flora, the Hellenic Republic has failed to fulfil its          the office of Carlos Gómez de la Cruz, of its Legal Service,
     obligations under the EC Treaty;                                   Wagner Centre, Kirchberg.
— order the Hellenic Republic to pay the costs.                         The applicant claims that the Court should:
                                                                        1. Declare that, by failing to adopt within the prescribed
                                                                             period all the provisions necessary to comply with Council
                                                                             Directive 97/70/EC of 11 December 1997 (1), the Portu-
Pleas in law and main arguments                                              guese Republic has failed to fulfil its obligations under the
                                                                             Treaty; and
According to the Commission, full and effective implemen-               2. Order the Portuguese Republic to pay the costs.
tation of Article 12(1) of Directive 92/43 requires the adoption
of specific laws, regulations or administrative measures and
the taking of substantive measures on site to protect the               Pleas in law and main arguments
particular species.
                                                                        The mandatory nature of the provisions of the third paragraph
                                                                        of Article 249 and the first paragraph of Article 10 of the EC
The Commission established in its reasoned opinion that there           Treaty requires Member States to adopt the measures necessary
was no specific institutional framework whatever for the                to transpose directives addressed to them into their domestic
protection of the sea turtle caretta caretta on Zakinthos, a fact       law before the expiry of the period prescribed for doing so.
which was not disputed by the Greek authorities in their reply          That period expired on 1 January 1999 without Portugal
of 29 October 1999.                                                     having brought into force the necessary provisions.
                                                                        (1) Council Directive 97/70/EC of 11 December 1997 setting up a
Secondly, the Commission referred in its reasoned opinion to                harmonised safety regime for fishing vessels of 24 metres in
the absence of coordinated measures for the protection of the               length and over (OJ 1998 L 34, p. 1).
sea turtle caretta caretta on Zakinthos, above all during the
sensitive period when it lays eggs.
The Hellenic Republic does not deny that it must adopt the
requisite measures to establish an effective system of protection
for the sea turtle caretta caretta on Zakinthos, in accordance
with Article 12 of Directive 92/43.                                     Action brought on 21 March 2000 by the Commission
                                                                        of the European Communities against the Portuguese
                                                                                                     Republic
The Commission thus finds that the Hellenic Republic has
failed to adopt appropriate measures to implement Article 12                                     (Case C-106/00)
of Directive 92/43 fully and effectively.
                                                                                                 (2000/C 163/17)
                                                                        An action against the Portuguese Republic was brought before
( 1) OJ L 206, 22.7.1992, p. 7.                                         the Court of Justice of the European Communities on 31 March
                                                                        2000 by the Commission of the European Communities,
                                                                        represented by Ana Maria Alves Vieira, of its Legal Service,
                                                                        acting as Agent, with an address for service in Luxembourg at
                                                                        the office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                        Wagner Centre, Kirchberg.