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Case C-46/11: Judgment of the Court (Eighth Chamber) of 15 March 2012 — European Commission v Republic of Poland (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, including the otter (Lutra Lutra))
ECLI:EU:UNKNOWN:62011CA0046
62011CA0046
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Official Journal of the European Union
C 133/9
(Case C-46/11) (<span class="super">1</span>)
(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, including the otter (Lutra Lutra))
2012/C 133/14
Language of the case: Polish
Parties
Applicant: European Commission (represented by: S. Petrova and K. Hermann, Agents)
Defendant: Republic of Poland (represented by: M. Szpunar, D. Krawczyk and B. Majczyna, Agents)
Re:
Failure of a Member State to fulfil obligations — Breach of Article 16(1) 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) — Inadequate protection of certain species, including the otter (Lutra Lutra)
Operative part of the judgment
The Court:
1.Declares that, by failing to transpose correctly the conditions governing the derogations laid down in Article 16(1) of Council Directive 92/43/EEC of 21 May 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.
(<span class="super">1</span>) OJ C 103, 2.4.2011.