Judgment of the Court (Sixth Chamber) of 15 May 2008 – Commission v Italy
(Case C‑503/06)
Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds – Derogations from the system of protection of wild birds – Region of Liguria
1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see paras 22-23)
2.Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States (Art. 226 EC; Council Directive 79/409, Art. 9) (see para. 24)
Re:
| Failure of a Member State to fulfil obligations – Adoption and application by the Region of Liguria of legislation authorising derogations from the system of protection for wild birds which fails to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds (OJ 1979 L 103, p. 1). |
Operative part
The Court:
1. |
| Declares that, by adopting and applying, for the region of Liguria, legislation authorising derogations from the system of protection for wild birds which fails to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Italian Republic to bear the costs, including those linked to the interlocutory proceedings. |