Action brought on 24 February 2017 — European Commission v Republic of Bulgaria
(Case C-97/17)
Language of the case: Bulgarian
Parties
Applicant: European Commission (represented by: P. Mihaylova and C. Hermes, acting as Agents)
Defendant: Republic of Bulgaria
Form of order sought
The applicant claims that the Court should:
1. Declare that, in failing to classify the entirety of the Rila important bird area as a special protection area, the Republic of Bulgaria has failed to classify the most suitable territories in number and size as special protection areas for the conservation of the species of birds listed in Annex I to Directive 2009/147/EC 1 on the conservation of wild birds, and accordingly has failed to fulfil its obligations under Article 4(1) of that directive;
2. Order the Republic of Bulgaria to pay the costs.
Pleas in law and main arguments
The case concerns the conservation of many endangered species of birds listed in Annex 1 to the Birds Directive and their habitats in the territory of the Rila mountain range in the south-west of Bulgaria. The Rila important bird area is one of the most significant places in both Bulgaria and the European Union for the conservation of over 130 species of nesting birds. 41 species are of European conservation concern, of which one is endangered worldwide.
Under Article 4(1) of the Birds Directive, the species listed in Annex I must be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution. Furthermore, Article 4(1) of the Birds Directive provides that the Member States must classify in particular the most suitable territories in number and size as special protection areas for the conservation of those species.
According to the Commission, the Republic of Bulgaria should have classified the Rila important bird area as a special protection area in its entirety, but, to date, has not done so. The Commission provides evidence of the ornithological importance of the unclassified territories in the Rila important bird area.
____________1 Directive 2009/147/ EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7).