Judgment of the Court (Fourth Chamber) of 11 November 2010 – Commission v Italy

(Case C‑164/09)

Failure of a Member State to fulfil obligations – Conservation of wild birds – Directive 79/409/EEC – Derogations from the system of protection for wild birds – Hunting

1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 19)

2.                     Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the prohibition of killing or capturing protected species – Conditions – No other satisfactory solution – Conditions not satisfied – Unlawful (Council Directive 79/409, Arts 7 and 9) (see paras 22-27)

3.                     Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the prohibition of killing or capturing protected species – Conditions – Fixing for a period of five years the number of specimens that may be taken (Council Directive 79/409, Arts 7 and 9) (see paras 29-30)

4.                     Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the prohibition of killing or capturing protected species – Conditions – Capture in small numbers – Fixing the number of birds that may be hunted at a level clearly higher than the limit fixed by the directive – Unlawful (Council Directive 79/409, Arts 7 and 9(1)(c)) (see paras 35-40)

Re:

Operative part