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Document 62007CA0535
Case C-535/07: Judgment of the Court (Second Chamber) of 14 October 2010 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Incorrect designation and inadequate legal protection of special protection areas)
Case C-535/07: Judgment of the Court (Second Chamber) of 14 October 2010 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Incorrect designation and inadequate legal protection of special protection areas)
Case C-535/07: Judgment of the Court (Second Chamber) of 14 October 2010 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directives 79/409/EEC and 92/43/EEC — Conservation of wild birds — Incorrect designation and inadequate legal protection of special protection areas)
OJ C 346, 18.12.2010, p. 3–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
18.12.2010 |
EN |
Official Journal of the European Union |
C 346/3 |
Judgment of the Court (Second Chamber) of 14 October 2010 — European Commission v Republic of Austria
(Case C-535/07) (1)
(Failure of a Member State to fulfil obligations - Directives 79/409/EEC and 92/43/EEC - Conservation of wild birds - Incorrect designation and inadequate legal protection of special protection areas)
2010/C 346/04
Language of the case: German
Parties
Applicant: European Commission (represented by: R. Sauer and D. Recchia, Agents)
Defendant: Republic of Austria (represented by: E. Riedl, E. Pürgy and K. Drechsel, Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and of Article 6(2), in conjunction with Article 7, of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Failure to designate, as a special protection area, an area appropriate for the conservation of bird species (‘Hanság’) and incorrect delimitation of another area (‘Niedere Tauern’) — Failure to ensure that the special protection areas already designated enjoy legal protection in accordance with the requirements of Community law
Operative part of the judgment
The Court:
1. |
Declares that:
the Republic of Austria has failed to fulfil its obligations under those provisions; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders the European Commission, the Republic of Austria and the Federal Republic of Germany to bear their own costs. |