CELEX: C1997/040/11
Language: en
Date: 1997-02-08 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 12 December 1996 in Case C-10/96 (reference for a preliminary ruling made by the Belgian Conseil d'État): Ligue Royale Belge pour la Protection des Oiseaux ASBL and Société d'Études Ornithologiques AVES ASBL v. Région Wallone; intervener: Fédération Royale Ornithologique Belge ASBL (Council Directive 79/409/EEC on the conservation of wild birds - Prohibition of capture - Derogations)

No C 40/6               ( EN ]                Official Journal of the European Communities                                       8 . 2 . 97
                   JUDGMENT OF THE COURT                                       observance of the maximum limit of 'small numbers '
                           (Third Chamber )                                    referred to in that provision.
                         of 12 December 1 996                            (') O I No C 64, 2 . 3 . 1996 .
in Case C-10/96 ( reference for a preliminary ruling made
by the Belgian Conseil d'État): Ligue Royale Belge pour la
Protection des Oiseaux ASBL and Société d'Études
Ornithologiques AVES ASBL v. Région Wallone;
intervener: Fédération Royale Ornithologique Belge
                                 ASBL (')                                                    ORDER OF THE COURT
 (Council Directive 79/409/EEC on the conservation of                                              (Fourth Chamber)
       wild birds — Prohibition of capture — Derogations)                                       of 12 December 1996
                              ( 97/C 40/ 11 )                            in Case C-49/96 P Nicolaos Progoulis v. Commission of
                                                                                           the European Communities (')
                    (Language of the case: French)                                    (Official — Appeal clearly inadmissible)
                                                                                                       ( 97/C 40/12 )
    (Provisional translation; the definitive translation will be                           (Language of the case: French)
              published in the European Court Reports)
                                                                            (Provisional translation; the definitive translation will be
 In Case C-10/96 : reference to the Court under Article 177                          published in the European Court Reports)
 of the EC Treaty by the Belgian Conseil d'État for a
 preliminary ruling in the proceedings pending before that                In Case C-49/96 P: Nicolaos Progoulis ( represented by
 court between Ligue Royale Beige pour la Protection des                  Konstantinos Adamantopoulos and Vassilios Akritidis) —
 Oiseaux          ASBL,      along     with    Societe     d'Études       appeal against the order of the Court of First Instance
 Ornithologiques AVES ASBL, and Region Wallone;                           ( Fifth Chamber ) of 15 December 1995 in Case T-l 31 /95
 intervener : Federation Royale Ornithologique Beige ASBL                 Progoulis v. Commission ( 1995 ) ECR-SC 11-907, seeking
 — on the interpretation ' of Articles 5 , 9 and 18 of Council            to have that order set aside , the other party to the
 Directive 79/409/EEC of 2 April 1 979 on the conservation                proceedings being the Commission of the European
  of wild birds ( OJ No L 103 , 25 . 4 . 1979, p. 1 ) — the               Communities ( Agent: Ana Maria Alves Vieira, assisted by
  Court (Third Chamber ), composed of: J. C. Moitinho de                  Bertrand Wägenbaur ) — the Court ( Fourth Chamber ),
  Almeida , President of the Chamber, C. Gulmann                          composed of J. L. Murray ( Rapporteur ), President of the
  ( Rapporteur ) and J. -P. Puissochet, Judges; N. Fennelly,               Chamber, C. N. Kakouris and H. Ragnemalm, Judges ;
  Advocate-General ; H. von Holstein , Deputy Registrar, for               C. O. Lenz, Advocate-General ; R. Grass, Registrar, made
  the Registrar, has given a judgment on 12 December 1996 ,               an order on 12 December 1996 , in which it :
  the operative part of which is as follows :
                                                                           1 . dismisses the appeal as clearly inadmissible;
   1 . Council Directive 79/409/EEC of 2 April 1979 on the
        conservation of wild birds , and in particular Article 9           2 . orders the appellant to pay the costs.
        ( 1 ) (c) thereof, must be interpreted as meaning that a
        Member State may not, on a decreasing basis and for                (') OJ No C 108 , 13 . 4 . 1996 .
        a limited period, authorize the capture of certain
        protected species in order to enable bird fanciers to
        stock their aviaries, where breeding and reproduction
        of those species in captivity arc possible but are not
        yet practicable on a large scale by reason of the fact
        that many fanciers would be compelled to alter their                Appeal brought on 17 September 1996 by Giorgio
        installations and change their habits.                              Bernardi against the judgment delivered on 11 July 1996
                                                                            by the Third Chamber of the Court of First Instance of
    2.   National authorities are authorized under Directive
                                                                            the European Communities in Case T-146/95 between
                                                                                     European Parliament and Giorgio Bernardi
         79/409/EEC, and in particular under Article 9 (1 ) (c)
         thereof, to permit the capture of protected species with                                   ( Case C-303 /96 P )
         a view to obviating, in bird breeding for recreational                                           ( 97/C 40/ 13 )
         purposes, the problems of consanguinity which would
         result from too many endogenous crossings, on
         condition that there is no other satisfactory solution, it         An appeal against the judgment delivered on 11 July 1996
         being understood that the number of specimens which                 by the Third Chamber of the Court of First Instance of the
         may be captured must be fixed at the level of what                  European Communities in Case T-146/95 between
         proves to be objectively necessary to provide a                     European Parliament and Giorgio Bernardi was brought
         solution for those problems, subject always to                      before the Court of Justice of the European Communities