Official Journal of the European Union

C 113/7

(Case C-241/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Article 6(2) and (3) - Incorrect transposition - Special areas of conservation - Significant effect of a project on the environment - ‘Non-disturbing’ nature of certain activities - Assessment of the effects on the environment)

2010/C 113/10

Language of the case: French

Parties

Applicant: European Commission (represented by D. Recchia and J.-B. Laignelot, Agents)

Defendant: French Republic (represented by G. de Bergues and A.-L. During, Agents)

Re:

Failure of a Member State to fulfil its obligations — Incorrect transposition of Articles 6(2) and 6(3) 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)

Operative part of the judgment

The Court:

1.Declares that,

—first, by providing generally that fishing, aquaculture, hunting and other hunting-related activities practised under the conditions and in the areas authorised by the laws and regulations in force do not constitute activities causing disturbance or having such an effect, and

—second, by systematically exempting works and developments provided for in Natura 2000 contracts from the procedure of assessment of their implications for the site, and

—by systematically exempting works and development programmes and projects which are subject to a declaratory system from that procedure,

the French Republic has failed to fulfil its obligations under Article 6(2) and Article 6(3) respectively of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

2.Dismisses the action as to the remainder;

3.Orders the French Republic to pay two thirds of the costs and the European Commission to pay the other third.

(<span class="super">1</span>) OJ C 197, 02.08.2008.