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Order of the President of the Court of 19 December 2006.#Commission of the European Communities v Italian Republic.#Application for interim measures.#Case C-503/06 R.

ECLI:EU:C:2006:800

62006CO0503

December 19, 2006
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(Case C‑503/06 R)

Applications for interim measures – Application for suspension of operation and interim measures – Application for a ruling without hearing the other party – Protection of birds – Derogations

Applications for interim measures – Suspension of operation of a measure – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Balancing of all the interests involved – Interest in the sound administration of justice (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 84(2); Council Directive 79/409) (see paras 14-20)

Re:

Failure by a Member State to fulfil obligations – Adoption and application by the Region of Liguria of legislation authorising derogations from the system of protection for wild birds failing to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds (OJ 1979 L 103, p. 1).

Operative part

1.The Italian Republic shall suspend operation of Law No 36/2006 of the Region of Liguria of 31 October 2006, implementing the derogation provided for in Article 9 of Directive 79/409/EEC concerning the conservation of wild birds, for the hunting season of 2006/2007, until delivery of the order terminating the present interim proceedings.

2.The costs are reserved.

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