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Case C-340/09: Judgment of the Court (Fifth Chamber) of 9 December 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 1999/22/EC — Article 4(2) to (5) — Keeping of wild animals — Zoos)

ECLI:EU:UNKNOWN:62009CA0340

62009CA0340

December 9, 2010
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Official Journal of the European Union

C 55/12

(Case C-340/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 1999/22/EC - Article 4(2) to (5) - Keeping of wild animals - Zoos)

2011/C 55/20

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz and N. Díaz Abad, Agents)

Re:

Failure of Member State to fulfil obligations — Infringement of Article 4(2), (3), (4) and (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ 1999 L 94, p. 24)

Operative part of the judgment

The Court:

1.Declares that, by failing to take, within the period prescribed, all the measures necessary with respect to the zoos which are the subject of the present action in the Autonomous Communities of Aragon, Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Valencia, Extremadura and Galicia concerning the inspection, licensing and, if appropriate, the closure of those establishments in accordance with Article 4(2), to (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2.Orders the Kingdom of Spain to pay the costs.

(<span class="super">1</span>) OJ C 256, 24.10.2009.

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