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(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
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)
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
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.