12.4.2008

EN

Official Journal of the European Union

C 92/23

(Case C-76/08)

(2008/C 92/43)

Language of the case: English

Parties

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

Defendant: Republic of Malta

The applicant claims that the Court should:

—declare that, by failing to meet the conditions set out in Article 9 of Council Directive 79/409/EEC on the conservation of wild birds (1) the Republic of Malta has failed to fulfil its obligations under Article 7 of the said Directive for the hunting of Quails (coturnix coturnix) and Turtle Doves (streptopelia turtur) on spring migration;

—order the Republic of Malta to pay the costs.

Pleas in law and main arguments

Council Directive 79/409/EEC on the conservation of wild birds concerns the conservation of all species of naturally occurring birds in the wild state in the European Territory of the Member States to which the Treaty applies. It establishes measures for the protection, management and control of these species and lays down the rules for their exploitation. Since accession to European Union on 1 May 2004, the Maltese authorities have exercised the right to apply the derogation in Article 9(1) of the directive for the hunting of Quails and Turtle Doves during the spring migration period when they return to their rearing ground in a number of countries north of the Mediterranean Sea. The question raised in the present proceedings is whether the Maltese authorities fall within the scope of the derogation in Article 9(1) which would permit the hunting of the species in question in Malta during the spring migration on the basis that there is no other satisfactory solution.

(1) OJ L 103, p. 1.