Source: All England Reporter
Publisher Citation: [2005] All ER (D) 168 (Apr)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President), Silva de Lapuerta (Rapporteur), Schintgen, Kuris and Arestis.
Judgment Dates: 14 April 2005

Catchwords

Protection of environment - Natural habitats - Conservation of wild birds - Failure to fulfil obligations - Council Directives (EEC) 79/409 and (EEC) 92/43.

The Case

By failing to bring into force within the prescribed period all the laws, regulations and administrative provisions necessary to comply with the requirements of art4(1) and (2) of Council Directive (EEC) 9-409 on the conservation of wild birds and of article6(1) of Council Directive (EEC) on the conservation on natural habitats and of wild fauna and flora, in conjunction with arts2(2), 1(a), (e) and (i), 6(2) to (4), 7, 11 and 15 thereof and by maintaining in force art13(4) of the Nature Conservancy Law (Natuurbeschermingswet), which was incompatible with art6(4) of directive 92-43, the Netherlands had failed to fulfil its obligations under those directives.

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