Order of the Court of First Instance (Fourth Chamber) of 26 October 2017 – Federcaccia della Regione Liguria and Others v Commission
(Case T-570/15)
(Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period of hunting in Liguria)
1. Actions for failure to act – Natural or legal persons – Actionable omissions – Commission’s failure to update certain national information relating to wild birds contained in a document covered by Directive 2009/147 and intended to be used as a basis for national laws on periods for hunting – Not a challengeable act within the meaning of Article 263 TFEU – Inadmissibility
(Arts 263, fourth para. TFEU and 265, third para. TFEU; European Parliament and Council Directive 2009/147, Art. 7(4))
(see paras 56-58, 62, 65-69)
2. Environment – Conservation of wild birds – Directive 2009/147 – Adaption to scientific and technical progress – ORNIS Committee – Functions –Provision of assistance and advice to the Commission – Information kept by the Committee – Non-binding nature
(European Parliament and Council Directive 2009/147, Art. 16)
(see paras 65-67, 82, 108)
3. Actions for failure to act – Natural or legal persons – Measures of direct and individual concern to them – Commission’s failure to update certain national information relating to wild birds contained in a document covered by Directive 2009/147 and intended to be used as a basis for national laws on periods for hunting – Action brought by hunters – Person concerned not affected directly and individually – Inadmissibility
(Arts 263, fourth para. TFEU and 265, third para. TFEU; European Parliament and Council Directive 2009/147, Art. 7(4))
(see paras 71, 72, 75-78, 94, 99)
4. Environment – Conservation of wild birds – Directive 2009/147 – Obligation to prohibit hunting during certain periods of particular vulnerability of birds – Specification of the pre-nuptial migration periods of birds in a document prepared by the ONIS Committee – Updating of the information contained in that document – Obligation of the Commission and the Member States
(European Parliament and Council Directive 2009/147, fourth recital and Art. 7(4))
(see paras 89-92, 106)
5. Actions for annulment – Actionable measures – Concept – EU Pilot Measure adopted in the context of an EU Pilot procedure – Not included
(Art. 263, fourth para. TFEU)
(see para. 97)
6. Actions for damages – Autonomous form of action – Difference compared to an action for annulment
(Arts 263 TFEU and 268 TFEU)
(see para. 104)
Re:
| APPLICATION based on Article 265 TFEU seeking a declaration that the Commission unlawfully failed to update certain Italian data in the document on key concepts, established by the ORNIS Committee, which is provided for by 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); application based on Article 263 TFEU seeking annulment of the Commission’s letter of 6 October 2014 stating that the extension in Italy of the hunting season for certain species of bird is incompatible with EU law; and application based on Article 268 TFEU seeking compensation for damage allegedly suffered by the applicants as a result of the Commission’s failure to update the Italian data. |
Operative part
1. | | The action is dismissed. |
2. | | Federcaccia della Regione Liguria and the other applicants whose names are set out in the annex shall pay the costs. |