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10.11.2007 |
EN |
Official Journal of the European Union |
C 269/8 |
Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Italian Republic
(Case C-388/05) (1)
(Failure of a Member State to fulfil obligations - Conservation of natural habitats - Wild fauna and flora - Special Protection Area ‘Valloni e steppe pedegarganiche’)
(2007/C 269/16)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: A. Aresu and D. Recchiqa, Agents,)
Defendant:. (represented by: I. Braguglia, Agent, and G. Fiengo, Lawyer)
Re:
Failure of a Member State to fulfil obligations — Breach of Article 4(4) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and of Article 6(2), (3) and (4) and Article 7 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Obligation to take appropriate steps to avoid deterioration of natural habitats and species habitats within special areas of conservation — Industrial developments affecting the Gargano National Park
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take appropriate steps to avoid, in the special protection area ‘Valloni e steppe pedegarganiche’, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which that area was established, the Italian Republic failed, in respect of the period before 28 December 1998, to fulfil its obligations under Article 4(4) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and, in respect of the period after that date, has failed to fulfil its obligations under Article 6(2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; |
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2. |
Orders the Italian Republic to pay the costs. |