Date of text
Sources
CURIA
Court name
CJEU - Judgment of the Court (Second Chamber) of 13 January 2005
Free tags
Reference for a preliminary ruling: Consiglio di Stato
Italy
Directive 92/43/EEC
Conservation of natural habitats
Wild fauna and flora
National list of sites eligible for identification as sites of Community importance
Conservation measures
Abstract
Case C-117/03 Società Italiana Dragaggi SpA and Others v Ministero delle Infrastrutture e dei Trasporti and Regione Autonoma del Friuli Venezia Giulia (Reference for a preliminary ruling from the Consiglio di Stato) (Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora – National list of sites eligible for identification as sites of Community importance – Conservation measures) Opinion of Advocate General Kokott delivered on 8 July 2004 Judgment of the Court (Second Chamber), 13 January 2005 Summary of the Judgment Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Special areas of conservation – Sites, included in the national lists, eligible for identification as sites of Community importance – Protective measures – Inapplicability of the measures prescribed in Article 6(2), (3) and (4) – Obligation on the Member States to safeguard their ecological interest (Council Directive 92/43, Arts 4(5), and 6(2),(3) and (4)) On a proper construction of Article 4(5) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, the protective measures prescribed in Article 6(2), (3) and (4) of that directive are required only as regards sites which, in accordance with the third subparagraph of Article 4(2) of the directive, are on the list of sites selected as sites of Community importance adopted by the Commission in accordance with the procedure laid down in Article 21 of the directive. Consequently, those measures do not apply to the sites included in the national lists transmitted to the Commission pursuant to Article 4(1) of the directive. However, by virtue of that directive, the Member States are required, as regards the latter sites, which are eligible for identification as sites of Community importance, and in particular as regards those hosting priority natural habitat types or priority species, to take protective measures that are appropriate, from the point of view of the directive’s conservation objective, for the purpose of safeguarding the relevant ecological interest which those sites have at national level. (see paras 21-22, 25, 28-30, operative part) JUDGMENT OF THE COURT (Second Chamber) 13 January 2005(1) (Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora – National list of sites eligible for identification as sites of Community importance – Conservation measures) In Case C-117/03, v THE COURT (Second Chamber),, after hearing the Opinion of the Advocate General at the sitting on 8 July 2004, gives the following