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Judgment of the Court (Sixth Chamber) of 15 January 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition. # Case C-259/08.
ECLI:EU:C:2009:13
62008CJ0259
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(Case C‑259/08)
Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds – Preservation and maintenance of habitats – Classification of special protection areas – Prohibition of hunting and capture – Incorrect transposition
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Defective transposition of Articles 3(2), 4(1), 5 and Article 8(1) of that directive.
Operative part
The Court:
1.Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Articles 3(1) and (2), 4(1), 5 and 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under those provisions;
2.Orders the Hellenic Republic to pay the costs.