Official Journal of the European Union

(Case C-76/08)

(Failure of a Member State to fulfil obligations - Admissibility - Conservation of wild birds - Directive 79/409/EEC - Spring hunting - Prohibition - Derogation from the system of protection - Condition that there be no ‘other satisfactory solution’ - Legitimate expectations)

2009/C 267/27

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia, D. Lawunmi and P. Oliver, acting as Agents)

Defendant: Republic of Malta (represented by: S. Camilleri, D. Mangion, acting as Agents and J. Bouckaert, advocaat)

Re:

Failure of a Member State to fulfil obligations — Breach 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) — Failure to comply with the criteria laid down by the Directive for the grant of a derogation authorising hunting in spring of quail and turtle doves

Operative part of the judgment

The Court:

1.Declares that, by authorising the opening of a hunting season for quails (Coturnix coturnix) and turtle doves (Streptopelia turtur) during the spring migration period in the years 2004 to 2007, without complying with the conditions laid down in Article 9(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended, in respect of 2004 to 2006, by Council Regulation (EC) No 807/2003 of 14 April 2003, and, in respect of 2007, by Council Directive 2006/105/EC of 20 November 2006, the Republic of Malta has failed to fulfil its obligations under that directive;

2.Orders the Republic of Malta to pay the costs.

* * *

(1) OJ C 92, 12.4.2008.

ECLI:EU:C:2009:540

2009/C 267/27