CELEX: C2001/212/21
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-202/01: Action brought on 16 May 2001 by the Commission of the European Communities against the French Republic

28.7.2001               EN                    Official Journal of the European Communities                                        C 212/13
Action brought on 16 May 2001 by the Commission of                       —     By April 2000, 41 of the 96 sites listed in the IACB as
 the European Communities against the French Republic                          wetlands of international importance had not yet been
                                                                               classified by France as special protection areas and in the
                                                                               case of at least 4 of the 45 sites which had been so
                          (Case C-202/01)                                      classified, the classification applied only to the minimum
                                                                               surface area possible — notwithstanding the fact that
                                                                               Article 4(2) of Directive 79/409/EEC requires that such
                          (2001/C 212/21)                                      sites be classified as special protection areas in order to
                                                                               protect wetlands and the species of bird which live there,
                                                                               particularly migratory species. There has not yet been any
An action against the French Republic was brought before the                   significant improvement in this situation.
Court of Justice of the European Communities on 16 May
2001 by the Commission of the European Communities,
represented by G. Valero Jordana and J. Adda, acting as Agents,          (Infringement procedure 97/4527 concerning the application
with an address for service in Luxembourg.                               of the Directive to the Plaine des Maures)
                                                                         —     In classifying as special protection areas no more than
The applicant claims that the Court should:                                    879 hectares out of the 7 500 hectares covered by the
                                                                               IACB (that is to say, 11.72 %), France has also failed to
—     Declare that the French Republic has failed to fulfil its                fulfil its obligation under Article 4(1) and (2) of Directive
      obligations under Council Directive 79/409/EEC of                        79/409/EEC to classify as special protection areas the
      2 April 1979 on the conservation of wild birds (1) and                   most suitable territories in number and size.
      under the Treaty establishing the European Community,
      in that it has not, in satisfactory measure, classified as
      special protection areas the territories most suitable for         (1) OJ L 103 of 25.4.1979, p. 1.
      the conservation of the species of wild bird listed in             (2) Case C-3/96 Commission v Netherlands [1998] ECR I-3031.
      Annex I to that Directive or of migratory species of bird,
      and, in particular, in that it has not classified as a special
      protection area a sufficiently large area of land on the
      Plaine des Maures;
—     Order the French Republic to pay the costs.
Pleas in law and main arguments                                          Action brought on 18 May 2001 by Commission of the
                                                                         European Communities against Kingdom of the Nether-
                                                                                                          lands
(Infringement procedure 97/2004 concerning the application
of the Directive in general)                                                                       (Case C-205/01)
—     When the deadline provided for in Article 18 of Directive                                    (2001/C 212/22)
      79/409/EEC expired on 16 April 1989, the French
      Republic had not yet adopted the measures necessary to
      comply with its obligations under Article 4 thereof. The           An action against the Kingdom of the Netherlands was brought
      special protection areas designated so far are insufficient        before the Court of Justice of the European Communities on
      in terms of number, size and quality to meet the                   18 May 2001 by Commission of the European Communities,
      protection needs of the species of bird concerned. Only            represented by R. Wainright and J. Stuyck, acting as Agents.
      40,7 % of the 285 sites named in the official list of
      ‘Important areas for the conservation of birds’ (the IACB)         The applicant claims that the Court should:
      — published in 1994 by the French Ministry of the
      Environment and the League for the Protection of Birds             —     Declare that by failing to adopt all the laws, regulations
      and based on the most reliable scientific data then                      and administrative provisions necessary in order to
      available — and only 18,2 % of the land covered by those                 implement in national law Articles 8(2), 11, 18(1) and
      sites has been classed, in whole or in part, as special                  22(1) of Council Directive 86/609/EEC(1) of 24 Novem-
      protection areas. The Court of Justice has recognised that               ber 1986 on the approximation of laws, regulations and
      those lists are relevant and may be relied upon in actions               administrative provisions of the Member States regarding
      against Member States for failure to fulfil obligations (2).             the protection of animals used for experimental and other
      According to the Commission, the French Government                       scientific purposes, or in any case by failing to inform the
      has not yet drawn up a list showing that the findings of                 Commission of those provisions, the Kingdom of the
      the IACB are unsound and the latter remains the best                     Netherlands has failed to take the measures necessary to
      scientific evidence available on the basis of which to                   comply with Article 25 of Directive 86/609/EEC that are
      make an overall assessment of the classifications effected               necessary to comply with the directive by 24 November
      by France in respect of its territory.                                   1989 at the latest;