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Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Federal Republic of Germany. (Member States ) [1990] EUECJ C-288/88 (3 July 1990)
URL: http://www.bailii.org/eu/cases/EUECJ/1990/C28888.html
Cite as: [1990] EUECJ C-288/88

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
   

61988J0288
Judgment of the Court of 3 July 1990.
Commission of the European Communities v Federal Republic of Germany.
Failure of a Member State to fulfil its obligations - Directive on the conservation of wild birds.
Case C-288/88.
European Court reports 1990 Page I-02721
Pub.RJ Page Pub somm

 
   




++++
1 . Member States - Obligations - Implementation of directives - Failure not contested
( EEC Treaty, Art . 169 )
2 . Environment - Conservation of wild birds - Directive 79/409 - Implementation by the Member States - Obligation to prohibit the means of hunting and methods of destruction banned by the directive - Derogations from the prohibitions laid down by the directive - Conditions for granting
( Council Directive 79/409, Arts 5, 8 and 9, Annex IV )



In Case C-288/88,
Commission of the European Communities, represented by Ingolf Pernice, a member of its Legal Department, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,
applicant,
v
Federal Republic of Germany, represented by Ernst Roeder, Regierungsdirektor in the Federal Ministry of the Economy, acting as Agent, with an address for service in Luxembourg at the Embassy of the Federal Republic of Germany, 20-22 avenue Émile-Reuter,
defendant,
APPLICATION for a declaration that the Federal Republic of Germany has failed to fulfil its obligations under the EEC Treaty by not adopting all the laws, regulations and administrative provisions needed to comply with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ( Official Journal 1979 L 103, p . 1 ),
THE COURT
composed of : F . A . Schockweiler, President of Chamber, for the President, M . Zuleeg, President of Chamber, G . F . Mancini, T . F . O' Higgins, J . C . Moitinho de Almeida, F . Grévisse, M . Díez de Velasco, Judges,
( The grounds of the judgment are not reproduced .)
hereby :



( 1 ) Declares that the Federal Republic of Germany has failed to fulfil its obligations under the EEC Treaty by not adopting all the measures necessary to implement Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;
( 2 ) Orders the Federal Republic of Germany to pay the costs .

 
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URL: http://www.bailii.org/eu/cases/EUECJ/1990/C28888.html