Source: All England Reporter
Publisher Citation: [2002] All ER (D) 263 (Jan)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Macken (President of the Chamber), Gulmann (Rapporteur), Puissochet, Schintgen and Cunha Rodrigues

Judgment Dates: 30 January 2002


European Community - Failure of a member state to fulfil obligations - Failure to implement directive within prescribed period - Conservation of natural habitats and of wild fauna and flora - Protection of species - Whether Greece fulfilling obligations - Article 226 (EC) (formerly art 169 of the EC Treaty) - Council Directive (EEC) 92/43, arts 12(1)(b) and (d).

The Case

On an application by the Commission of the European Communities under art226 EC (formerly art169 of the EC Treaty), the Court of Justice of the European Communities declared that, Greece had failed to fulfil its obligations under art12(1)(b) and(d) of Council Directive (EEC) 92-43 (on the conservation of natural habitats and wild flora and fauna) by failing to take the requisite measures to establish and implement an effective system of strict protection for the sea turtle Caretta caretta on Zakinthos.

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