11.9.2010

EN

Official Journal of the European Union

C 246/30

(Case C-340/10)

()

2010/C 246/51

Language of the case: Greek

Parties

Applicant: European Commission (represented by: Georgios Zavvos and Donatella Recchia)

Defendant: Republic of Cyprus

Form of order sought

The applicant claims that the Court should:

—declare that, by not having included the area of Paralimni Lake in the national list of proposed sites of Community importance, the Republic of Cyprus has failed to fulfil its obligations under Article 4(1) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

—declare that, by tolerating activities which place the ecological characteristics of Paralimni Lake at serious risk and by not having taken the protective measures necessary to safeguard the population of Natrix natrix cypriaca, the species which constitutes the ecological interest of Paralimni Lake and Xiliatos Dam, the Republic of Cyprus has failed to fulfil its obligations under Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as interpreted by the Court in Cases C-117/03 and C-224/05;

—declare that, by not having taken the requisite measures to establish and apply a system of strict protection for the Natrix natrix cypriaca, the Republic of Cyprus has failed to fulfil its obligations under Article 12(1) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

—order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

The Commission submits that, by not having included the entire area of Paralimni Lake in the national list of proposed sites of Community importance (SCIs) up until December 2009, the Republic of Cyprus has failed to fulfil its obligations under Article 4(1) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. The Republic of Cyprus did not dispute the need to include Paralimni Lake among the proposed SCIs. Nevertheless, the lake was not included in the national list of proposed SCIs before expiry of the period set in the reasoned opinion. On 24 November 2009 the Republic of Cyprus informed the Commission that Paralimni Lake was officially included in the Natura 2000 network, but the important northern end of the lake was omitted from the proposed SCIs. On 24 April 2009 the amendment of the Paralimni Local Plan was published in the Government Gazette of the Republic of Cyprus, an amendment which converted the northern end of the lake into a residential area. The Commission submits that no restriction whatsoever of the extent of the habitat is justified and that, by not having included all of Paralimni Lake in the national list of proposed SCIs, the Republic of Cyprus is infringing Article 4(1) of Directive 92/43/EEC.

Furthermore, the Commission contends that particular damaging activities at Paralimni Lake (in particular the unlawful over-extraction of water, residential development, motor-cycle racing and the operation of a rifle-range) degrade and damage the habitat of the species and that therefore, by not having taken the protective measures necessary to safeguard the population of the species Natrix natrix cypriaca, the Republic of Cyprus has failed to fulfil its obligations under Directive 92/43/EEC as interpreted in the Court’s case-law (in Cases C-117/03 and C-224/05).

In addition, the Commission submits that, as a result of activities such as residential development in the area and the separating of building plots at the northern end of Paralimni Lake, the habitat of the endemic species and its population have been adversely affected. Therefore, by not having taken the requisite measures to establish and implement a system of strict protection for the water snake Natrix natrix cypriaca, through the application of ‘coherent and coordinated measures of a preventive nature’, the Republic of Cyprus is failing to fulfil its obligations under Article 12(1)(a), (b) and (d) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.