Official Journal of the European Union

(Case C-186/06)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Irrigable area of the Segarra-Garrigues Canal (Lleida))

(2008/C 51/23)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia and A. Alcover San Pedro, Agents,)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 2, 3 and 4(1) and (4) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Plan to irrigate the irrigable area of the Segarra-Garrigues Canal (Lleida)

Operative part of the judgment

The Court:

1.Declares that, by authorising the irrigation project in the irrigable area of the Segarra-Garrigues Canal in the Province of Lleida, the Kingdom of Spain has failed to fulfil its obligations under the first sentence of Article 4(4) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds to take appropriate measures to avoid, in the areas affected by that project which ought to have been classified as special protection areas, the prohibited disturbances;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

* * *

(1) OJ C 154, 1.7.2006.