CELEX: 62008CJ0259
Language: en
Date: 2009-01-15 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 15 January 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition. # Case C-259/08.

Judgment of the Court (Sixth Chamber) of 15 January 2009 – Commission v Greece
      (Case C‑259/08)
      Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds – Preservation and maintenance of habitats – Classification of special protection areas – Prohibition of hunting and capture – Incorrect transposition
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April
                  1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Defective transposition of  Articles 3(2), 4(1), 5 and Article
                  8(1) of that directive.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Articles
                     3(1) and (2), 4(1), 5 and 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic
                     Republic has failed to fulfil its obligations under those provisions;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.