Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62008CA0241

Case C-241/08: Judgment of the Court (Second Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Article 6(2) and (3) — Incorrect transposition — Special areas of conservation — Significant effect of a project on the environment — Non-disturbing nature of certain activities — Assessment of the effects on the environment)

OJ C 113, 1.5.2010, p. 7–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

1.5.2010   

EN

Official Journal of the European Union

C 113/7

Judgment of the Court (Second Chamber) of 4 March 2010 — European Commission v French Republic

(Case C-241/08) (1)

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Article 6(2) and (3) - Incorrect transposition - Special areas of conservation - Significant effect of a project on the environment - ‘Non-disturbing’ nature of certain activities - Assessment of the effects on the environment)

2010/C 113/10

Language of the case: French

Parties

Applicant: European Commission (represented by D. Recchia and J.-B. Laignelot, Agents)

Defendant: French Republic (represented by G. de Bergues and A.-L. During, Agents)

Re:

Failure of a Member State to fulfil its obligations — Incorrect transposition of Articles 6(2) and 6(3) 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)

Operative part of the judgment

The Court:

1.

Declares that,

—

first, by providing generally that fishing, aquaculture, hunting and other hunting-related activities practised under the conditions and in the areas authorised by the laws and regulations in force do not constitute activities causing disturbance or having such an effect, and

—

second, by systematically exempting works and developments provided for in Natura 2000 contracts from the procedure of assessment of their implications for the site, and

—

by systematically exempting works and development programmes and projects which are subject to a declaratory system from that procedure,

the French Republic has failed to fulfil its obligations under Article 6(2) and Article 6(3) respectively of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

2.

Dismisses the action as to the remainder;

3.

Orders the French Republic to pay two thirds of the costs and the European Commission to pay the other third.

(1)  OJ C 197, 02.08.2008.

Top