25.2.2006 |
EN |
Official Journal of the European Union |
C 48/2 |
JUDGMENT OF THE COURT
(Second Chamber)
of 10 January 2006
in Case C-98/03: Commission of the European Communities v Federal Republic of Germany (1)
(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora - Assessment of the implications of certain projects on a protected site - Protection of species)
(2006/C 48/04)
Language of the case: German
In Case C-98/03 Commission of the European Communities (Agent: U. Wölker) v Federal Republic of Germany (Agents: M. Lumma and C. Schulze-Bahr) — action under Article 226 EC for failure to fulfil obligations, brought on 28 February 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Silva de Lapuerta, P. Kūris and G. Arestis, Judges; A. Tizzano, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 10 January 2006, the operative part of which is as follows:
1. |
By failing, in respect of certain projects carried out outside special areas of conservation within the meaning of Article 4(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, to require compulsory assessment of the impact on the site, in accordance with Article 6(3) and (4) of that directive, whether or not such projects are capable of significantly affecting a special area of conservation;
the Federal Republic of Germany has failed to fulfil its obligations under Article 6(3) and Articles 12, 13 and 16 of Directive 92/43. |
2. |
Orders the Federal Republic of Germany to pay the costs. |