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Document 62008CN0308

Case C-308/08: Action brought on 10 July 2008 — Commission of the European Communities v Kingdom of Spain

OJ C 223, 30.8.2008, p. 37–37 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

30.8.2008   

EN

Official Journal of the European Union

C 223/37

Action brought on 10 July 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-308/08)

(2008/C 223/59)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain

Form of order sought

—

Declare that the Kingdom of Spain has failed to fulfil its obligations under Council Directive 92/43/EEC (1) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, interpreted by the judgments of the Court of Justice on 13 January 2005 in Case C-117/03 and on 14 September 2006 in Case C-244/05, and its obligations stemming from Article 12(4) of that directive in relation to the project for improvement of the rural path from Villamanrique de la Condesa (Seville) to El Rocio (Huelva).

—

order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Commission considers that in carrying out the project for improvement of the rural path from Villamanrique de la Condesa (Seville) to El Rocio (Huelva) without at the same time taking adequate protective measures, the Kingdom of Spain has failed to fulfil its obligations under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, interpreted by the judgments of the Court of Justice on 13 January 2005 in Case C-117/03 and on 14 September 2006 in Case C-244/05, and its obligations under Article 12(4) of that directive.

(1)  OJ L 206, p. 7.

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