Judgment of the Court (Second Chamber) of 11 December 2008 – Commission v Greece

(Case C‑293/07)

Failure of a Member State to fulfil obligations – Directives 79/409/EEC and 92/43/EC – Conservation of wild birds – Special protection areas – Insufficient measures of protection

1.                     Environment – Conservation of wild birds – Directive 79/409 – Special conservation measures (Council Directive 79/409, Art. 4(1) and (2), and Art. 4(4), as amended by Directive 92/43, Art. 6(2) to (4)) (see paras 21-23, 36, operative part 1)

2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (see para. 32)

Re:

Operative part

The Court:

1.                     Declares that, by failing to take all the measures necessary to establish and apply a coherent, specific and integrated legal regime capable of ensuring sustainable management and effective protection of areas designated as Special Protection Areas, in the light of the conservation objectives of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under Article 4(1) and (2), in conjunction with the first sentence of Article 4(4) of that directive, as amended by Article 6(2) to (4) of Council Directive 92/43/EEC of 21May 1992 on the conservation of natural habitats and of wild fauna and flora;

2.      Dismisses the remainder of the action;

3.      Orders the Hellenic Republic to pay the costs.