«(Directive 79/409/EEC – Conservation of wild birds – Opening and closing dates for hunting – Derogations)»

1.. Environment – Conservation of wild birds – Directive 79/409 – Opening and closing dates for hunting – Derogations – Judicious use of certain birds in small numbers – Hunting of wild birds for recreational purposes – Included (Council Directive 79/409, Arts 7(4) and 9(1)(c))

2.. Environment – Conservation of wild birds – Directive 79/409 – Opening and closing dates for hunting – Derogations – Judicious use of certain birds in small numbers – Conditions (Council Directive 79/409, Art. 9(1)(c))

JUDGMENT OF THE COURT (Sixth Chamber) 16 October 2003 (1)

((Directive 79/409/EEC – Conservation of wild birds – Opening and closing dates for hunting – Derogations))

In Case C-182/02,

REFERENCE to the Court under Article 234 EC by the Conseil d'État (France) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 9(1)(c) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1),

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and N. Colneric, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of the Ligue pour la protection des oiseaux, the Union nationale des fédérations départementales de chasseurs, the French and Greek Governments and the Commission at the hearing on 3 April 2003,

after hearing the Opinion of the Advocate General at the sitting on 6 May 2003,

gives the following

Community legislation

National legislation

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions referred to it by the Conseil d'État by decision of 25 January 2002, hereby rules:

Puissochet

Schintgen

Gulmann

Skouris

Colneric

Delivered in open court in Luxembourg on 16 October 2003.

R. Grass

V. Skouris

Registrar

President