SPAs and the (Lack of) Discretion of the States

Abstract

Judgment of the Court of Justice (Fifth Chamber)

25 November 1999

“Failure of a Member State – Directive 79/409/EEC – Conservation of wild birds – Special Protection Areas”

In Case C-96/98,

Commission of the European Communities, represented by P. Stancanelli, member of the Legal Service, and O. Couvert-Castera, national official seconded to that service, acting as Agents, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, member of the same service, Centre Wagner, Kirchberg,

applicant,

v.

French Republic, represented by K. Rispal-Bellanger, Deputy Director at the Directorate of Legal Affairs of the Ministry of Foreign Affairs, and R. Nadal, Deputy Secretary for Foreign Affairs at the same Directorate, acting as Agents, with an address for service in Luxembourg at the French Embassy, 8B, boulevard Joseph II,

defendant,

seeking a declaration that, by failing to adopt either the special measures necessary for the conservation of bird habitats in the Marais Poitevin or the appropriate measures to prevent the deterioration of those habitats, the French Republic has failed to fulfil its obligations under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, p. 1; EE 15 F2, p. 125).