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Case C-461/14: Judgment of the Court (Fifth Chamber) of 24 November 2016 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Special protection areas — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Directive 92/43/EEC — Conservation of natural habitats)
ECLI:EU:UNKNOWN:62014CA0461
62014CA0461
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30.1.2017
Official Journal of the European Union
C 30/4
(Case C-461/14) (<span class="super note-tag">1</span>)
((Failure of a Member State to fulfil obligations - Directive 2009/147/EC - Conservation of wild birds - Special protection areas - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Directive 92/43/EEC - Conservation of natural habitats))
(2017/C 030/04)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: C. Hermes, E. Sanfrutos Cano, D. Loma-Osorio Lerena and G. Wilms, acting as Agents)
Defendant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by failing to take appropriate steps to avoid, in the special protection area ‘Campiñas de Sevilla’, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which that area was established, the Kingdom of Spain failed, in respect of the period before 29 July 2008, to fulfil its obligations under Article 4(4) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds and, in respect of the period after that date, has failed to fulfil its obligations under Article 6(2) 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 European Commission and the Kingdom of Spain to bear their own costs.
(<span class="note"> <a id="ntr1-C_2017030EN.01000401-E0001" href="#ntc1-C_2017030EN.01000401-E0001">*1</a> </span>) OJ C 462, 22.12.2014.