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Document C2006/224/22

Case C-191/05: Judgment of the Court (Second Chamber) of 13 July 2006 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection area — Alteration without scientific basis)

OJ C 224, 16.9.2006, p. 12–13 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

16.9.2006   

EN

Official Journal of the European Union

C 224/12


Judgment of the Court (Second Chamber) of 13 July 2006 — Commission of the European Communities v Portuguese Republic

(Case C-191/05) (1)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection area - Alteration without scientific basis)

(2006/C 224/22)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek and A. Caeiros, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Special protection area — Alteration without scientific basis

Operative part of the judgment

The Court hereby:

1.

Declares that, by altering the demarcation of the ‘Moura, Mourão, Barrancos’ Special Protection Area, thereby excluding from it areas providing a habitat for species of wild birds for whose protection that area was designated, the Portuguese Republic has failed to fulfil its obligations under Article 4(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;

2.

Orders the Portuguese Republic to pay the costs.


(1)  OJ C 155, 25.6.2005.


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