Case C-383/09

European Commission

v

French Republic

(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)

Summary of the Judgment

Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Strict protection for the animal species listed in Annex IV(a)

(Council Directive 92/43, Art. 12(1)(d), and Annex IV(a))

Article 12(1)(d) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 2006/105, requires Member States to take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV(a) to that directive in their natural range, prohibiting deterioration or destruction of breeding sites or resting places.

The transposition of that provision requires the Member States not only to adopt a comprehensive legislative framework but also to implement concrete and specific protection measures. Similarly, the system of strict protection presupposes the adoption of coherent and coordinated measures of a preventive nature. Such a system of strict protection must therefore enable the effective avoidance of deterioration or destruction of breeding sites or resting places of the animal species listed in Annex IV(a) to that directive.

Thus, by failing to establish a programme of measures ensuring strict protection of the European hamster (Cricetus cricetus) and making it possible actually to avoid deterioration or destruction of the breeding sites or resting places of that species, a Member State fails to fulfil its obligations under Article 12(1)(d) of Directive 92/43.

(see paras 18-21, 37, 40, operative part)