Action brought on 21 December 2004 by the Commission of the European Communities against the Hellenic Republic

(Case C-518/04)

(2005/C 57/30)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 21 December 2004 by the Commission of the European Communities, represented by Michel van Beek, Legal Adviser in its Legal Service, and Minas Konstantinidis, member of its Legal Service.

The Commission claims that the Court should:

Pleas in law and main arguments

The aim of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora is to contribute towards the protection of biodiversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the Member States to which the Treaty applies.

The Commission's action relates to the failure on the part of the Greek Government to establish and apply a system of strict protection for the species of reptile Vipera schweizeri (viper) on the island of Milos.

The Commission requests the Court to declare that, by failing to take the necessary measures for the establishment and application of an effective system of strict protection for the viper Vipera schweizeri on the island of Milos in order to avoid any deliberate disturbance of the species, particularly during the period of breeding, rearing and hibernation, and any deterioration or destruction of breeding sites or resting places, the Hellenic Republic has failed to fulfil its obligations under Article 12(1)(b) and (d) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

(1)  OJ No L 206, 22.7.1992, p. 7.