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Document 62014CN0504
Case C-504/14: Action brought on 11 November 2014 — European Commission v Hellenic Republic
Case C-504/14: Action brought on 11 November 2014 — European Commission v Hellenic Republic
Case C-504/14: Action brought on 11 November 2014 — European Commission v Hellenic Republic
OJ C 7, 12.1.2015, p. 19–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.1.2015 |
EN |
Official Journal of the European Union |
C 7/19 |
Action brought on 11 November 2014 — European Commission v Hellenic Republic
(Case C-504/14)
(2015/C 007/25)
Language of the case: Greek
Parties
Applicant: European Commission (represented by: M. Patakia and C Hermes, acting as Agents)
Defendant: Hellenic Republic
Form of order sought
The applicant claims that the Court should:
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Declare that the Hellenic Republic has failed to fulfil its obligations under:
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order the Hellenic Republic to pay the costs. |
Pleas in law and main arguments
1. |
This infringement relates to: (a) the impact of several projects and activities on the Natura 2000 GR2550005 ‘Thines Kyparissias’ site (proposed Site of Community Importance, SCI, from 1 April 1997, and Site of Community Importance, SCI, from 1 September 2006) and, more particularly, on the priority species Caretta caretta and the sand dune habitats, including the priority habitat 2250* Coastal dunes with Juniperus spp and (b) failure to take the necessary measures to establish and implement an effective system of strict protection of the sea turtle Caretta caretta, in the site in question, in order to avoid both any disturbance of that species during its breeding period and any activity which can cause deterioration or destruction of its breeding sites. |
2. |
In 1998, subsequent to the approval of the competent Ministry, the LIFE-Nature management plan LIFE98NAT/GR/5262 (‘Application of Management Plan for Caretta caretta in Southern Kyparissia’) was initiated. The LIFE management plan culminated in 2002 in the elaboration of a Special Environmental Study (ΕPM under the Greek legislation) where reference was made to the characteristics of the species and to the need for its effective protection. |
3. |
Following NGO reports and a visit by Commission staff in July 2011 to the site, the Commission initiated the procedure relating to the infringement of the provisions of Directive 92/43/ΕEC which are set out in the form of order sought in this action. |
4. |
First, the Commission claims that the Hellenic Republic, contrary to the provisions of Article 12 of the directive, failed to ensure: The establishment of a system of strict protection of the species listed in Annex IV to the directive, in order to prohibit:
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5. |
In particular, there is no full and coherent legislative framework in Greece and there is a failure to implement concrete, specific and effective measures of protection, together with a toleration of activities which not only are likely to cause the deterioration/destruction of the breeding sites but are also likely to disturb the turtle concerned, particularly in the incubation period, the hatching of eggs and in the period when new-born turtles travel to the sea. |
6. |
Further, the Commission claims that the provisions of Article 6(2) and (3) of the directive are infringed in that:
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