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Judgment of the Court (Fourth Chamber) of 22 September 2011. # European Commission v Kingdom of Spain. # Failure of a Member State to fulfil obligations - 'Habitats' directive - Conservation of natural habitats - Wild fauna and flora - Articles 4(4) and 6(1) and (2) - Establishment of priorities for special areas of conservation and of adequate protection thereof - Failure to ensure adequate legal protection of the special areas of conservation in the Canary Islands. # Case C-90/10.
ECLI:EU:C:2011:606
62010CJ0090
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(Case C‑90/10)
Failure of a Member State to fulfil obligations – ‘Habitats’ directive – Conservation of natural habitats – Wild fauna and flora – Articles 4(4) and 6(1) and (2) – Establishment of priorities for special areas of conservation and of adequate protection thereof – Failure to ensure adequate legal protection of the special areas of conservation in the Canary Islands
3. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission – Presumptions – Not permissible (Art. 226 CE) (see para. 47)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 4(4) and Article 6(1) and (2) 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 – Conservation measures – Macaronesian biogeographical region.
Operative part
The Court:
– by failing to establish, in accordance with Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, conservation priorities in relation to the special areas of conservation corresponding to the sites of Community importance for the Macaronesian biogeographical region within Spanish territory and identified by Commission Decision 2002/11/EC of 28 December 2001 adopting the list of sites of Community importance for the Macaronesian biogeographical region, pursuant to Council Directive 92/43, and
– by failing to adopt and apply, in accordance with Article 6(1) and (2) of Directive 92/43, the appropriate conservation measures and a protection system to prevent the deterioration of habitats and significant disturbance of species, by ensuring the legal protection of the special areas of conservation covering the sites referred to in Decision 2002/11 situated in Spanish territory,
the Kingdom of Spain has failed to fulfil its obligations under Article 4(4) and Article 6(1) and (2) of Directive 92/43;
3. Orders the Republic of Finland to bear its own costs.