Order of the President of Court of 24 April 2008 – Commission v Malta
(Case C‑76/08 R)
Application for interim measures – Conservation of wild birds – Directive 79/409/EEC – Spring hunting – Prohibition – Derogations from the system of protection – Condition that there be no ‘other satisfactory solution’ – Urgency
1.Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(1)) (see para. 15)
2.Applications for interim measures – Interim measures – Application for an order prohibiting a Member State from adopting, for the spring period, any measure derogating from the scheme for the protection of birds laid down under Directive 79/409 – Admissibility (Art. 243 EC; Council Directive 79/409, Arts 7(3) and 9(1)) (see paras 17-19)
3.Applications for interim measures – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved (Art. 243 EC) (see paras 21-22)
4.Environment – Conservation of wild birds – Directive 79/409 (Council Directive 79/409, Arts 7(3) and 9(1)) (see paras 28-29)
5.Applications for interim measures – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC; rules of Procedure of the Court, Art. 83(2); Council Directive 79/409) (see paras 31-32, 37-43)
Re:
| Failure of a Member State to fulfil obligations – Breach 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) – Failure to comply with the criteria laid down by the directive for the grant of a derogation authorising hunting in spring of quail and turtle doves. |
Operative part
The Court:
1. |
| Orders the Republic of Malta to refrain from adopting any measures applying the derogation in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania, for the hunting of quails (Coturnix coturnix) and turtle doves (Streptopelia turtur) on the 2008 spring migration; |
2. |
| Dismisses the application for interim measures as to the remainder; |
3. |
| Reserves the costs. |