10.7.2004

Official Journal of the European Union

C 179/9

Action brought on 27 May 2004 by Commission of the European Communities against Kingdom of Spain

(Case C-221/04)

(2004/C 179/19)

An action against the Kingdom of Spain was brought before the Court of Justice of the European Communities on 27 May 2004 by the Commission of the European Communities, represented by M. van Beek and G. Valero Jordana, acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court of Justice should:

—

declare that, in so far as the authorities in Castilla y Leon authorise the setting of snares in several private hunting areas, the Kingdom of Spain has failed to fulfil its obligations under Article 12(1) and Annex VI of Council Directive 92/43/EEC (1) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

—	order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The permits for fox hunting with snares granted by the authorities of Castilla y León are contrary to Article 12(1) and Annex VI of Directive 92/43/EEC for two reasons.

First, the use of snares has been authorised in the regions of Aldeanueva de la Sierra and Mediana de Voltoya, which involves the hunting or deliberate disturbance of an animal species, Lutra lutra (Otter), included in Annex IV of the Directive, which is a species of Community interest that requires special protection. The authorities of Castilla y León have recognised the presence of otters in those regions.

Second, the snare is a non-selective method of hunting, since any animal may be trapped, regardless of whether or not its capture is desired (in this case the fox). The Spanish authorities' argument that the permits contain a clause requiring other species to be freed does not mean the traps are selective, since the animals captured usually suffer injury, including the loss of limbs, by attempting to free themselves from the snares.

(1) OJ L 206 of 22. 7. 1992, p. 7.