8.9.2007

Official Journal of the European Union

C 211/2

Judgment of the Court (Fourth Chamber) of 12 July 2007 — Commission of the European Communities v Republic of Austria

(Case C-507/04) (1)

(Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Measures transposing the directive)

(2007/C 211/03)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek, B. Schima and M. Lang, acting as Agents)

Defendant: Republic of Austria (represented by: H. Dossi, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Incomplete and incorrect transposition of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1)

Operative part of the judgment

The Court:

Declares that, by failing to transpose correctly

—	Article 1(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, in Burgenland, Carinthia, Lower Austria, Upper Austria and Styria;

—	Article 5 of Directive 79/409 in Burgenland, Carinthia, Lower Austria, Upper Austria and Styria;

—	Article 6(1) of Directive 79/409 in Upper Austria;

—	Article 7(1) of Directive 79/409 in Carinthia, Lower Austria and Upper Austria;

—

Article 7(4) of Directive 79/409 in the following provinces and regarding the following species:

—	in Carinthia as regards the capercaillie, black grouse, common coot, woodcock, wood pigeon and collared dove,

—	in Lower Austria as regards the wood pigeon, capercaillie, black grouse and woodcock,

—	in Upper Austria as regards the capercaillie, black grouse and woodcock,

—	in the Province of Salzburg as regards the capercaillie, black grouse and woodcock,

—	in Styria as regards the capercaillie, black grouse and woodcock,

—	in Tyrol as regards the capercaillie and black grouse,

—	in Vorarlberg as regards the black grouse, and

—	in the Province of Vienna as regards the woodcock;

—	Article 8 of Directive 79/409 in Lower Austria;

—	Article 9(1) and (2) of Directive 79/409 in Burgenland, Lower Austria as regards Paragraph 20(4) of the Law of Lower Austria on Nature Protection (Niederösterreichisches Naturschutzgesetz), Upper Austria, the Province of Salzburg, Tyrol and Styria;

—	Article 11 of Directive 79/409 in Lower Austria,

the Republic of Austria has failed to fulfil its obligations under Article 10 EC, Article 249 EC and Article 18 of Directive 79/409;

2.	Dismisses the action as to the remainder;

3.	Orders the Republic of Austria to pay the costs.

(1) OJ C 45, 19.2.2005.