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7.3.2009 |
EN |
Official Journal of the European Union |
C 55/5 |
Judgment of the Court (Sixth Chamber) of 15 January 2009 — Commission of the European Communities v Hellenic Republic
(Case C-259/08) (1)
(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition)
(2009/C 55/07)
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: M. Patakia and D. Recchia, acting as Agents)
Defendant: Hellenic Republic (represented by: E. Skandalou, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Incorrect transposition of Article 3(2), Article 4(1), Article 5 and Article 8(1) of that directive
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Article 3(1) and (2), Article 4(1), Article 5 and Article 8(1) 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 those provisions; |
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2. |
Orders the Hellenic Republic to pay the costs. |