Judgment of the Court (Third Chamber) of 15 July 2010 – Commission v Italy
(Case C-573/08)
Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds – Measures transposing the directive
Environment – Conservation of wild birds – Directive 79/409 (Council Directive 79/409, Art. 4(4)) (see paras 40, 43-44)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Incorrect transposition – Derogations – Requirements
Operative part
The Court:
1.
Declares that, the legislation transposing Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds into Italian law not being quite consistent with that directive, and the system for transposing Article 9 of that directive failing to ensure that the derogations adopted by the competent Italian authorities satisfy the conditions and requirements referred to in that article, the Italian Republic has failed to fulfil its obligations under Articles 2 to 7, 9 to 11, 13 and 18 of the Directive;
2.
Orders the Italian Republic to bear the costs, including those of the interlocutory proceedings.
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