Judgment of the Court (Fifth Chamber) of 16 March 2006 – Commission v Greece

(Case C-518/04)

Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species

1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 12)

2. Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 (Council Directive 92/43, Art. 12(1)(b) and (d), and Annex IV, point (a)) (see paras 14-22)

Re:

Operative part:

The Court:

1.Declares that, by failing to adopt, within the prescribed period, the measures necessary to establish and implement an effective system of strict protection for the viper Vipera schweizeri on the island of Milos prohibiting deliberate disturbance of that species, particularly during the period of breeding, rearing and hibernation and deterioration or destruction of breeding sites or resting places of that species, the Hellenic Republic has failed to fulfil its obligations under Article 12(1)(b) and (d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

2.Orders the Hellenic Republic to pay the costs.