23.2.2008

EN

Official Journal of the European Union

C 51/35

(Case C-547/07)

(2008/C 51/58)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia and K. Herrmann, Agents)

Defendant: Republic of Poland

Form of order sought

—by failing to classify as special protection areas (SPAs) for birds all areas which, on the application of ornithological criteria, appear to be the most appropriate for the conservation of bird species, the Republic of Poland has failed to fulfil its obligations under Article 4(1) and (2) of Directive 79/409/EEC (1) of 2 April 1979 on the conservation of wild birds;

—order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The obligation to carry out the classification of special protection areas for birds (SPAs) was imposed on the Republic of Poland at the time of its accession to the European Union.

In December 2004 an ornithological inventory was published which detailed the situation of birds of European significance in Poland (IBA 2004) and designated, on the basis of ornithological criteria, 140 areas of crucial importance for the conservation of birds.

Of the areas included on the IBA 2004 list, 15 were not classified by the Republic of Poland as SPAs, notwithstanding the fact that the Polish authorities failed to produce any scientific evidence to justify that failure to designate them.

Furthermore, the areas of 8 SPAs are much smaller than their equivalents on the IBA 2004 inventory, with the result that outside their limits there are areas which, according to IBA 2004, would appear to be most suitable for the conservation of bird species.

In addition, in September 2007 the Polish authorities, without notifying the Commission, reduced the areas of 5 designated SPAs in a manner impacting significantly on bird conservation.

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(1) OJ 1979 L 103, p. 1.