10.3.2012

Official Journal of the European Union

C 73/6

(Case C-192/11) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2009/147/EC - Conservation of wild birds - Scope of the system of protection - Derogations from the prohibitions laid down by the directive)

2012/C 73/10

Language of the case: Polish

Parties

Applicant: European Commission (represented by: K. Herrmann and S. Petrova, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 1, 5 and 9(1) and (2) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7) — Scope — Protection restricted only to species of birds occurring in national territory — Incorrect definition of the conditions for derogating from the prohibitions laid down by the directive

Operative part of the judgment

The Court:

1.Declares that by not applying national conservation measures to all species of naturally occurring birds in the wild state in the European territory of the Member States, which are entitled to protection under Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, and also by not correctly defining the conditions to be complied with in order to be able to derogate from the prohibitions laid down by that directive, the Republic of Poland has failed to fulfil its obligations under Articles 1, 5 and 9(1) and (2) of that directive;

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

(<span class="super">1</span>) OJ C 211, 16.7.2011.