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Case C-259/08: Judgment of the Court (Sixth Chamber) of 15 January 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Preservation and maintenance of habitats — Classification of special protection areas — Prohibition of hunting and capture — Incorrect transposition)
ECLI:EU:UNKNOWN:62008CA0259
62008CA0259
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Official Journal of the European Union
C 55/5
(Case C-259/08)
(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition)
(2009/C 55/07)
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: M. Patakia and D. Recchia, acting as Agents)
Defendant: Hellenic Republic (represented by: E. Skandalou, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Incorrect transposition of Article 3(2), Article 4(1), Article 5 and Article 8(1) of that directive
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Article 3(1) and (2), Article 4(1), Article 5 and Article 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under those provisions;
2.Orders the Hellenic Republic to pay the costs.
* * *
(1) OJ C 209 of 15.8.2008.