24.10.2009

EN

Official Journal of the European Union

C 256/15

(Case C-340/09)

2009/C 256/29

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Kingdom of Spain

Forms of order sought

—Declare that the Kingdom of Spain has failed to fulfil its obligations under Article 4(2), (3), (4) and (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, (1) in respect of certain zoos in the Autonomous Communities of Aragon, Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Valencia, Extremadura and Galicia:

—by failing to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and

—by failing to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed;

—order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Commission considers that the Kingdom of Spain:

—has failed to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and

—has failed to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed.

(1) OJ 1999 L 94, p. 24.