Judgment of the Court (Sixth Chamber) of 6 November 2003.
Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
C-434/01 • 62001CJ0434 • ECLI:EU:C:2003:601
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«(Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora)»
Actions for failure to fulfil obligations – Proof of failure – Burden of proof borne by the Commission (Art. 226 EC)
JUDGMENT OF THE COURT (Sixth Chamber) 6 November 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora))
In Case C-434/01,
applicant,
v
defendant,
APPLICATION for a declaration that, by not ensuring observance in its territory of Articles 12 and 16 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive,
THE COURT (Sixth Chamber),,
composed of: J.-P. Puissochet, President of the Chamber, C. Gulmann (Rapporteur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges,
Advocate General: A. Tizzano,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 3 July 2003,
gives the following
Community legislation
...
.
National legislation
...
...
Arguments of the parties
Findings of the Court
On those grounds,
THE COURT (Sixth Chamber)
hereby:
Puissochet
Gulmann
Macken
Colneric
Cunha Rodrigues
Delivered in open court in Luxembourg on 6 November 2003.
R. Grass
V. Skouris
Registrar
President
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