30.4.2011

Official Journal of the European Union

C 130/7

(Case C-508/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Derogations from the system of protection for wild birds)

2011/C 130/11

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, agents, S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Derogations — Region of Sardinia

Operative part of the judgment

The Court:

1.Since the region of Sardinia has adopted and applies legislation, relating to the authorisation of derogations from the rules for the protection of wild birds, which does not comply with the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive;

2.The Italian Republic is ordered to pay the costs.

(<span class="super">1</span>) OJ C 24 of 30.01.2010