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Case C-290/18: Judgment of the Court (Ninth Chamber) of 5 September 2019 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Wild fauna and flora – Conservation of natural habitats as well as wild fauna and flora – Article 4(4) – Annexes I and II – Sites of Community importance – Non-designation – Special areas of conservation – Necessary measures – Failure to adopt)
ECLI:EU:UNKNOWN:62018CA0290
62018CA0290
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11.11.2019
Official Journal of the European Union
C 383/24
(Case C-290/18) (<span class="super note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Wild fauna and flora - Conservation of natural habitats as well as wild fauna and flora - Article 4(4) - Annexes I and II - Sites of Community importance - Non-designation - Special areas of conservation - Necessary measures - Failure to adopt)
(2019/C 383/25)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by P. Costa de Oliveira and C. Hermes, Agents, acting as Agents)
Defendant: Portuguese Republic (represented by L. Ines Fernandes, M. Figueiredo, J. Reis Silva, H. Almeida, A. Pimenta and P. Barros da Costa, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by having failed to designate as special areas of conservation 61 sites of Community importance, which were selected by the European Commission in Commission Decision 2004/813/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region, and in Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region, as soon as possible and within a period of six years at most from the date on which those decisions were adopted, and, by having failed to adopt the necessary conservation measures which satisfy the ecological requirements of the types of natural habitat referred to in Annex I to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and of the species referred to in Annex II to that directive present on those sites of Community importance, the Portuguese Republic has failed to fulfil its obligations under Article 4(4) and Article 6(1) of that directive;
2.Orders the Portuguese Republic to pay the costs.
(<span class="note">1</span>) OJ C 249, 16.7.2018.