(Case C‑249/07)

Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Directive 92/43/EC – Measure having equivalent effect – Prior authorisation for the planting of oysters and mussels of native species from other Member States – Justification – Protection of the life of animals – Maintenance of biodiversity and conservation of fish species in the interest of fisheries

1. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Protection of the species (Council Directive 92/43, Arts 12(1) and 22(b)) (see paras. 31, 34-37)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – System of prior authorisation for the planting of oysters and mussels from other Member States in Netherlands coastal waters.

Operative part

The Court:

1.Declares that, by instituting a system of prior authorisation for the planting, in Netherlands coastal waters, of oysters and mussels coming lawfully from other Member States and being of species native to the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 28 EC and 30 EC;

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