CELEX: 62014CA0504
Language: en
Date: 2016-11-10 00:00:00
Title: Case C-504/14: Judgment of the Court (Fourth Chamber) of 10 November 2016 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Environment — Nature conservation — Directive 92/43/EEC — Article 6(2) and (3) and Article 12(1)(b) and (d) — Wild fauna and flora — Conservation of natural habitats — Sea turtle Caretta caretta — Protection of sea turtles in the Gulf of Kyparissia — ‘Dunes of Kyparissia’ Site of Community importance — Protection of species)

16.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 14/3
            
         Judgment of the Court (Fourth Chamber) of 10 November 2016 — European Commission v Hellenic Republic
   (Case C-504/14) (1)
   
   ((Failure of a Member State to fulfil obligations - Environment - Nature conservation - Directive 92/43/EEC - Article 6(2) and (3) and Article 12(1)(b) and (d) - Wild fauna and flora - Conservation of natural habitats - Sea turtle Caretta caretta - Protection of sea turtles in the Gulf of Kyparissia - ‘Dunes of Kyparissia’ Site of Community importance - Protection of species))
   (2017/C 014/03)
   Language of the case: Greek
   
      Parties
   
   
      Applicant: European Commission (represented by: M. Patakia and C. Hermes, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that the Hellenic Republic
               
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                           by tolerating the construction of houses in Agiannaki (Greece) in 2010, the use, without a sufficient regulatory framework, of other houses in Agiannaki which were built in 2006 and the commencement of building works relating to around 50 dwellings located between Agiannaki and Elaia (Greece), and by authorising in 2012 the construction of three holiday houses in Vounaki (Greece);
                        
                     
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                           by tolerating the development of access routes to the beach in the Dunes of Kyparissia area (Greece), namely the opening up of five new roads to Agiannaki beach and the asphalting of certain existing roads and thoroughfares;
                        
                     
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                           by failing to take adequate measures to enforce the prohibition on wild camping close to the beaches at Kalo Nero (Greece) and Elaia;
                        
                     
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                           by failing to take the measures necessary to restrict the operation of bars between Elaia and Kalo Nero, on the breeding beaches of the Caretta caretta sea turtle, and by failing to ensure that the various forms of pollution caused by those bars do not disturb that species;
                        
                     
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                           by failing to take the measures necessary to reduce, within the Kyparissia area, the furniture and various structures found on the breeding beaches of the Caretta caretta sea turtle and by authorising the construction of a platform near the Messina Mare Hotel;
                        
                     
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                           by failing to take the measures necessary so as to ensure that the light pollution affecting the breeding beaches of the Caretta caretta sea turtle in the Kyparissia area is adequately curtailed; and
                        
                     
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                           by failing to take the measures necessary to ensure that fishing in the waters off the breeding beaches of the Caretta caretta sea turtle in the Kyparissia area is adequately curtailed,
                        
                     has failed to fulfil its obligations under Article 6(2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2006/105/EC of 20 November 2006;
            
         
               2.
            
            
               Declares that, by issuing permits for houses built in 2010 in Agiannaki, for three holiday houses in Vounaki in 2012 and for the construction of a platform near the Messina Mare Hotel, the Hellenic Republic has failed to fulfil its obligations under Article 6(3) of Directive 92/43;
            
         
               3.
            
            
               Declares that the Hellenic Republic,
               
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                           by failing to adopt a comprehensive, coherent and strict legislative and regulatory framework for the protection of the Caretta caretta sea turtle in the Kyparissia area;
                        
                     
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                           by failing to take, within the prescribed period, all the specific measures necessary to prevent the deliberate disturbance of the Caretta caretta sea turtle during its breeding period; and
                        
                     
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                           by failing to take the measures necessary to enforce the prohibition on deterioration or destruction of the breeding sites of that species,
                        
                     has failed to fulfil its obligations under Article 12(1)(b) and (d) of Directive 92/43;
            
         
               4.
            
            
               Dismisses the remainder of the action;
            
         
               5.
            
            
               Orders the European Commission and the Hellenic Republic to bear their own costs.
            
         
      (1)  OJ C 7, 12.1.2015.