Judgment of the Court (Eighth Chamber) of 3 March 2011 – Commission v Italy
(Case C-508/09)
Failure of a Member State to fulfil obligations – Conservation of wild birds – Directive 79/409/EEC – Derogations from the system of protection for wild birds
1.Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the pre-litigation procedure – Alteration of claims after the reasoned opinion, on account of an amendment to the national legislation – Whether permissible (Art. 258 TFEU) (see paragraphs 19-20)
2.Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the prohibition of the killing or capturing of protected species – Conditions – No reference in the national legislation to lack of any other satisfactory solution – Failure to fulfil obligations (Council Directive 79/409, Arts 5(a) and 9) (see paragraphs 29-30)
3.Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the prohibition of the killing or capturing of protected species – Conditions – Competent authority’s decision containing precise, sufficient details referring to the reasons for, and to the conditions and requirements of, the directive –Regional legislation not satisfying the conditions set forth in the directive – Failure to fulfil obligations (Council Directive 79/409, Arts 5(a) and 9(1) and (2)) (see paragraphs 36-38)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Derogations – Region of Sardinia. |
Operative part
The Court:
1. |
| Declares that, the region of Sardinia having adopted, and applying, legislation relating to the authorisation of derogations from the rules for the protection of wild birds that does not satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive; |
2. |
| Orders the Italian Republic to pay the costs. |