Judgment of the Court (Fourth Chamber) of 20 May 2010 — European Commission v Kingdom of Spain

(Case C-308/08) (1)

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora - Protection arrangements before a habitat is placed on the list of sites of Community importance - Article 12(4) - Project for upgrading a country road)

(2010/C 179/04)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and D. Recchia, Agents

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement 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), interpreted by the judgments of the Court of Justice on 13 January 2005 in Case C-117/03 and on 14 September 2006 in Case C-244/05, and the obligations stemming from Article 12(4) of that directive — Project for improvement of the rural path from Villamanrique de la Condesa (Seville) to El Rocio (Huelva)

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders the European Commission to pay the costs.

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(1)  OJ C 223, 30.8.2008.