(Case C-491/08)

Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora – Site of Community importance – System of protection – Tourism complex ‘Is Arenas’

1.Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Arts 3(1), and 4(1)) (see paras 30-31)

2.Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Art. 6(2)) (see paras 38-40, 42-43)

Re:

Failure of a Member State to fulfil obligations – Infringement 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) – Sites of Community importance – Site ‘Is Arenas’ – Development of a golf course.

Operative part

The Court:

1.Declares that, having regard to the tourism and property complex ‘Is Arenas’ that affects the site ‘Is Arenas’;

–by failing to adopt, before 19 July 2006, the date on which the site ‘Is Arenas’ was included in the list of sites of Community importance, preservation measures that, having regard to the conservation aim of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, are suitable for the purpose of preserving the relevant ecological interest represented at national level by the proposed site of Community importance, and in particular by failing to prevent an activity likely seriously to endanger the ecological characteristics of the site; and

–by failing to adopt, after 19 July 2006, appropriate measures to prevent the deterioration of natural habitats in respect of which that site of Community importance was designated;

the Italian Republic has failed to fulfil its obligations under Council Directive 92/43 and, more specifically, with regard to the second plea in law, Article 6(2) thereof;

2.Orders the Italian Republic to pay the costs.