Language of document :

Judgment of the Court (Fourth Chamber) of 9 June 2011 - European Commission v French Republic

(Case C-383/09) 1

(Failure of a Member State to fulfil obligations - Habitats Directive - Inadequacy of measures taken to protect the species Cricetus cricetus (European hamster) - Deterioration of habitats)

Language of the case: French

Parties

Applicant: European Commission (represented by: O. Beynet and D. Recchia, Agents)

Defendant: French Republic (represented by: G. de Bergues and S. Menez, Agents)

Re:

Failure of a Member State to fulfil its obligations - Failure to take the measures necessary to comply with Article 12(1)(d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora de (OJ 1992 L 206, p. 7) - Inadequacy of measures taken to protect the species Cricetus cricetus (European Hamster) - Deterioration of habitats

Operative part of the judgment

The Court:

Declares that, by failing to establish a programme of measures to ensure strict protection of the European hamster (Cricetus cricetus), the French Republic has failed to fulfil its obligations under Article 12(1)(d) 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;

Orders the French Republic to pay the costs.

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1 - OJ C 312, 19.12.2009.