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Case C-522/09: Judgment of the Court (Fourth Chamber) of 14 April 2011 — European Commission v Romania (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas — Areas designated insufficient in number and size — Irregularity of the pre-litigation procedure — Inadmissibility of the action)

ECLI:EU:UNKNOWN:62009CA0522

62009CA0522

April 14, 2011
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18.6.2011

Official Journal of the European Union

C 179/5

(Case C-522/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection areas - Areas designated insufficient in number and size - Irregularity of the pre-litigation procedure - Inadmissibility of the action)

2011/C 179/06

Language of the case: Romanian

Parties

Applicant: European Commission (represented by: D. Recchia and L. Bouyon, acting as Agents)

Defendant: Romania (represented by: A. Popescu, L.-E. Batagoi, M.-L. Colonescu, A.-R. Arșinel and J.S. Smaranda)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Classification as special protection areas of areas insufficient in number and size, failing in part to have regard to the sites identified in the IBA Inventory — Alteration without scientific basis

Operative part of the judgment

The Court:

1.Dismisses the action as inadmissible;

2.Orders the European Commission to pay the costs.

(<span class="super">1</span>) OJ C 51, 27.2.2010.

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