11.9.2010

Official Journal of the European Union

C 246/3

(Case C-573/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Measures transposing the directive)

2010/C 246/03

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Recchia, Agent)

Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Incorrect transposition — Derogations — Requirements

Operative part of the judgment

The Court:

1.Declares that by failing to transpose Council Directive 79/409/EEC of 2 April 1979, on the conservation of wild birds, into Italian law in a manner which is wholly in compliance with that directive, and by failing to transpose Article 9 of that directive in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements referred to in that article, the Italian Republic has failed to fulfil its obligations under Articles 2 to 7, 9 to 11, 13 and 18 of the directive;

2.orders the Italian Republic to bear the costs, including those linked to the interlocutory proceedings.

(<span class="super">1</span>) OJ C 55, 7.3.2009.