Notice for the OJ

 

JUDGMENT OF THE COURT

(Second Chamber)

of 20 October 2005

in Case C-6/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland ¹

(Failure of a Member State to fufil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora)

(Language of the case: English)

In Case C-6/04, Commission of the European Communities (Agents: M. van Beek and L. Flynn) v United Kingdom of Great Britain and Northern Ireland (Agent: C. Jackson, assisted by K. Smith, Barrister) - Action under Article 226 EC for failure to fulfil obligations, brought on 9 January 2004 - the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen, R. Silva de Lapuerta, G. Arestis and J. Klučka (Rapporteur), Judges; J. Kokott, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 20 October 2005, in which it:

Declares that, by failing to adopt, within the prescribed period, all the measures necessary in order to implement completely and correctly the requirements of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and in particular of:

Article 6(2), as regards Gibraltar,

Article 6(3) and (4), as regards water abstraction plans and projects and land use plans,

Article 11,

Article 12(1)(d), as regards Gibraltar,

Article 12(2),

Article 12(4),

Article 13(1),

Article 14(2),

Article 15,

Article 16,

the whole of Directive 92/43 beyond its territorial waters,

the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;

Dismisses the action as to the remainder;

3.    Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.##

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¹ - OJ C 59, 06.03.2004.