1.5.2010
EN
Official Journal of the European Union
C 113/7
Judgment of the Court (Second Chamber) of 4 March 2010 — European Commission v French Republic
(Case C-241/08) (1)
(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Article 6(2) and (3) - Incorrect transposition - Special areas of conservation - Significant effect of a project on the environment - ‘Non-disturbing’ nature of certain activities - Assessment of the effects on the environment)
2010/C 113/10
Language of the case: French
Parties
Applicant: European Commission (represented by D. Recchia and J.-B. Laignelot, Agents)
Defendant: French Republic (represented by G. de Bergues and A.-L. During, Agents)
Re:
Failure of a Member State to fulfil its obligations — Incorrect transposition of Articles 6(2) and 6(3) 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)
Operative part of the judgment
The Court:
1.
Declares that,
—
first, by providing generally that fishing, aquaculture, hunting and other hunting-related activities practised under the conditions and in the areas authorised by the laws and regulations in force do not constitute activities causing disturbance or having such an effect, and
—
second, by systematically exempting works and developments provided for in Natura 2000 contracts from the procedure of assessment of their implications for the site, and
—
by systematically exempting works and development programmes and projects which are subject to a declaratory system from that procedure,
the French Republic has failed to fulfil its obligations under Article 6(2) and Article 6(3) respectively of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
2.
Dismisses the action as to the remainder;
3.
Orders the French Republic to pay two thirds of the costs and the European Commission to pay the other third.
(1) OJ C 197, 02.08.2008.
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