«(Council Directive 79/409/EEC on the conservation of wild birds – Hunting – Conditions for exercise of the Member States' power to derogate)»

1.. Preliminary rulings – Jurisdiction of the Court – Limits – Contrived dispute or request for interpretation of provisions of Community law inapplicable in the main proceedings (EC Treaty, Art. 177)

2.. Environment – Conservation of wild birds – Directive 79/409 – Implementation by the Member States – Conditions for granting derogations from the prohibitions laid down in the directive (Council Directive 79/409, Arts 5, 7 and 9)

JUDGMENT OF THE COURT (Fifth Chamber) 7 March 1996 (1)

((Council Directive 79/409/EEC on the conservation of wild birds – Hunting – Conditions for exercise of the Member States' power to derogate))

In Case C-118/94,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale Amministrativo Regionale per il Veneto (Italy) for a preliminary ruling in the proceedings pending before that court between

and

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

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward, President of the Chamber, J.-P. Puissochet, J.C. Moitinho de Almeida, C. Gulmann (Rapporteur) and P. Jann, Judges,

Advocate General: N. Fennelly,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Associazione Italiana per il World Wildlife Fund, represented by A. Pavanini, Federazione Italiana della Caccia, represented by I. Gorlani, M. Thewes and C. Lagier, of the Lyons Bar, and the Commission, represented by L. Gussetti and M. van der Woude, at the hearing on 14 September 1995,

after hearing the Opinion of the Advocate General at the sitting on 26 October 1995,

gives the following

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Tribunale Amministrativo Regionale per il Veneto, by order of 27 May 1993, hereby rules:

Edward

Puissochet

Moitinho de Almeida

Gulmann

Jann

Delivered in open court in Luxembourg on 7 March 1996.

R. Grass

D.A.O. Edward

Registrar

President of the Fifth Chamber