CELEX: C2001/348/10
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 October 2001 in Case C-510/99 (reference for a preliminary ruling from the Tribunal de grande instance de Grenoble (France)): criminal proceedings against Xavier Tridon, third parties: Fédération départementale des chasseurs de l'Isère and Fédération Rhône-Alpes de protection de la nature (Frapna), section Isère (Wild fauna and flora — Endangered species — Application in the Community of the Washington Convention)

C 348/6                 EN                      Official Journal of the European Communities                                             8.12.2001
      Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and                     the Chamber, N. Colneric, C. Gulmann (Rapporteur),
      82/471/EEC, the Hellenic Republic has failed to fulfil its           J.-P. Puissochet and R. Schintgen, Judges; C. Stix-Hackl,
      obligations under that Directive;                                    Advocate General; H.A. Rühl, Principal Administrator, for the
                                                                           Registrar, has given a judgment on 23 October 2001, in which
2.    Orders the Hellenic Republic to pay the costs.                       it has ruled:
(1) OJ C 47 of 19.2.2000.
                                                                           1.    As regards species covered by Appendix I to the Convention on
                                                                                 International Trade in Endangered Species of Wild Fauna and
                                                                                 Flora, concluded in Washington on 3 March 1973, Council
                                                                                 Regulation (EEC) No 3626/82 of 3 December 1982 on the
                                                                                 implementation in the Community of the Convention on
                                                                                 International Trade in Endangered Species of Wild Fauna and
                                                                                 Flora must be interpreted as not precluding legislation of a
                 JUDGMENT OF THE COURT                                           Member State which lays down a general prohibition in its
                                                                                 territory of all commercial use of captive born and bred
                                                                                 specimens.
                         (Sixth Chamber)
                       of 23 October 2001                                        As regards species covered by Annex A to Council Regulation
                                                                                 (EC) No 338/97 of 9 December 1996 on the protection of
                                                                                 species of wild fauna and flora by regulating trade therein, that
in Case C-510/99 (reference for a preliminary ruling from                        Regulation must be interpreted as not precluding legislation of
the Tribunal de grande instance de Grenoble (France)):                           a Member State which lays down a general prohibition in its
criminal proceedings against Xavier Tridon, third parties:                       territory of all commercial use of captive born and bred
Fédération départementale des chasseurs de l’Isère and                           specimens.
Fédération Rhône-Alpes de protection de la nature (Frap-
                        na), section Isère (1)
(Wild fauna and flora — Endangered species — Application                   2.    As regards species covered by Appendix II to the Convention,
      in the Community of the Washington Convention)                             Regulation (EEC) No 3626/82 does not prohibit the commer-
                                                                                 cial use of specimens of those species, apart from the case
                                                                                 referred to in Article 6(2) where the specimens have been
                          (2001/C 348/10)                                        introduced contrary to Article 5 of that Regulation.
                    (Language of the case: French)
                                                                                 As regards species covered by Annex B to Regulation (EEC)
                                                                                 No 338/97, that Regulation does not prohibit the commercial
(Provisional translation; the definitive translation will be published           use of specimens of those species, provided that the conditions
                   in the European Court Reports)                                laid down in Article 8(5) of that Regulation are met.
                                                                           Those regulations preclude legislation of a Member State imposing a
In Case C-510/99: reference to the Court under Article 234                 general prohibition in its territory of all commercial use of captive
EC from the Tribunal de grande instance de Grenoble (Regional              born and bred specimens of those species, in so far as it applies to
Court, Grenoble) (France) for a preliminary ruling in the                  specimens imported from other Member States, if it is apparent that
criminal proceedings pending before that court against Xavier              the objective of protection of the latter, as referred to in Article 15 of
Tridon, third parties: Fédération départementale des chasseurs             Regulation (EEC) No 3626/82 or Article 36 of the EC Treaty (now,
de l’Isère and Fédération Rhône-Alpes de protection de la                  after amendment, Article 30 EC), may be achieved just as effectively
nature (Frapna), section Isère — on the interpretation of                  by measures which are less restrictive of intra-Community trade.
Articles 30 and 36 of the EC Treaty (now, after amendment,
Articles 28 EC and 30 EC), Council Regulation (EEC)
No 3626/82 of 3 December 1982 on the implementation in
the Community of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (OJ 1982 L 384,
p. 1), in particular Articles 6 and 15, Council Regulation (EC)            (1) OJ C 47 of 19.2.2000.
No 338/97 of 9 December 1996 on the protection of species
of wild fauna and flora by regulating trade therein (OJ 1997
L 61, p. 1) and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora concluded in
Washington on 3 March 1973, in particular Articles VII
and XIV — the Court, composed of: F. Macken, President of