Judgment of the Court (Eighth Chamber) of 15 March 2012—Commission v Poland(Case C-46/11

Judgment of the Court (Eighth Chamber) of 15 March 2012—
Commission v Poland

(Case C-46/11)

Failure of a Member State to fulfil obligations— Directive 92/43/EEC— Conservation of natural habitats and of wild fauna and flora— Inadequate protection of certain species, in particular the otter (Lutra lutra)

1.Environment— Conservation of natural habitats and of wild fauna and flora— Directive 92/43— Implementation by the Member States— Transposition without legislative action— Not permissible— Transposition by means of administrative practices— Insufficient (Art. 288, third para., TFEU; Council Directive 92/43) (see paras 26-28, 41)

2.Environment— Conservation of natural habitats and of wild fauna and flora— Directive 92/43– Protection of the species— Exceptions— Restrictive interpretation (Council Directive 92/43, Arts 12 to 16) (see paras29, 31, 42)

3.Environment— Conservation of natural habitats and of wild fauna and flora— Directive 92/43— Protection of species— Derogations— National legislation that authorises endangering a protected species in circumstances not justified by Article 16— Legislation incompatible with the rules on derogations laid down by the directive (Council Directive 92/43, Arts 12 and16) (see para. 56)

Re:

Failure of a Member State to fulfil its obligations— Infringement of Article 16(1) of Council Directive 92/43/EEC of 21May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L206, p.7)— Inadequate protection of certain species, in particular the otter (Lutra lutra).

Operative part

The Court

1.

Declares that, by failing to transpose correctly the conditions governing derogations laid down in Article 16(1) of Council Directive 92/43/EEC of 21May 1992 on the conservation of natural habitats and of wild fauna and flora, the Republic of Poland has failed to comply with its obligations under that provision;

2.

Orders the Republic of Poland to pay the costs.