CELEX: C2005/143/12
Language: en
Date: 2005-06-11 00:00:00
Title: Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-441/03: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Conservation of natural habitats — Failure to transpose within the prescribed periods)

11.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/11
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 14 April 2005
   in Case C-441/03: Commission of the European Communities v Kingdom of the Netherlands (1)
   
   (Failure by a Member State to fulfil its obligations - Directives 79/409/EEC and 92/43/EEC - Conservation of wild birds - Conservation of natural habitats - Failure to transpose within the prescribed periods)
   (2005/C 143/12)
   Language of the case: Dutch
   In Case C-441/03: Action under Article 226 EC for failure to fulfil obligations, brought on 16 October 2003, Commission of the European Communities (Agent: M. van Beek) v Kingdom of the Netherlands (Agents: H.G. Sevenster and N.A.J. Bel) — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta (Rapporteur), R. Schintgen, P. Kūris and G. Arestis, Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 14 April 2005, in which it:
   
               1.
            
            
               Declares that, by failing to bring into force within the prescribed periods all the laws, regulations and administrative provisions necessary to comply with the requirements of Article 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and of Article 6(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, in conjunction with Articles 2(2), 1(a), (e) and (i), 6(2) to (4), 7, 11 and 15 thereof and by maintaining in force Article 13(4) of the Nature Conservancy Law (Natuurbeschermingswet), which is incompatible with Article 6(4) of Directive 92/43, the Kingdom of the Netherlands has failed to fulfil its obligations under those directives;
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders the Kingdom of the Netherlands to pay the costs.
            
         
      (1)  OJ C 304 of 13.12.2003.