Order of the President of the Court of 27 February 2007 – Commission v Italy

(Case C‑503/06 R)

Applications for interim measures – Application for suspension of operation – Application for a ruling without hearing the other party – Protection of birds – Derogations

Applications for interim measures – Suspension of operation of a measure – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Balancing of the interests involved – Interest in the sound administration of justice (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 84(2); Council Directive 79/409) (see paras 14-20)

Re:

Failure by a Member State to fulfil obligations – Adoption and application by the Region of Liguria of legislation authorising derogations from the system of protection for wild birds failing to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds (OJ 1979 L 103, p. 1).

Operative part

The Court:

Orders the Italian Republic to suspend application of Regional Law No 36/2006 of the Region of Liguria, of 31 October 2006, implementing the derogation provided for in Article 9 of Directive 79/409/EEC concerning the conservation of wild birds, for the hunting season of 2006/07, until delivery of the order terminating the present interim proceedings;

Reserves the costs.