5.5.2012
EN
Official Journal of the European Union
C 133/6
Judgment of the Court (Fourth Chamber) of 15 March 2012 — European Commission v Republic of Cyprus
(Case C-340/10) (1)
(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Articles 4(1) and 12(1) - Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down - System of protection for the species Natrix natrix cypriaca (Cypriot grass snake))
2012/C 133/09
Language of the case: Greek
Parties
Applicant: European Commission (represented by: G. Zavvos and D. Recchia, acting as Agents)
Defendant: Republic of Cyprus (represented by: K. Lykourgos and M. Chatzigeorgiou, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 4(1) and 12(1) 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) — Failure to include Paralimni Lake in the national list of sites eligible for identification as sites of Community importance — Failure to establish a system of protection for the species Natrix natrix cypriaca (Cypriot grass snake)
Operative part of the judgment
The Court:
1.
Declares that the Republic of Cyprus,
—
by not having included the site of Paralimni Lake in the national list of proposed sites of Community importance,
—
by tolerating activities which seriously compromise the ecological characteristics of Paralimni Lake and by not having taken the protective measures necessary to maintain the population of Natrix natrix cypriaca (Cypriot grass snake), the species which constitutes the ecological interest of the lake and Xyliatos Dam, and
—
by not having taken the requisite measures to establish and apply a system of strict protection for that species,
has failed to fulfil its obligations under Article 4(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2006/105/EC of 20 November 2006, under Directive 92/43, as amended, and under Article 12(1) of Directive 92/43, as amended, respectively;
2.
Orders the Republic of Cyprus to pay the costs.
(1) OJ C 246, 11.9.2010.
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