Case C‑669/16
European Commission
v
United Kingdom of Great Britain and Northern Ireland
(Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 4(1) — Annexes II and III — Designation of special areas of conservation (SACs) — Harbour porpoise)
Summary — Judgment of the Court (Sixth Chamber), 18 October 2018
Actions for failure to fulfil obligations — Subject matter of the dispute — Determination during the pre-litigation procedure — Different wording of the complaints without amending or extending the subject matter of the dispute — Lawfulness
(Art. 258 TFEU)
Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion
(Art. 258 TFEU)
Environment — Conservation of natural habitats and of wild fauna and flora — Directive 92/43 — Sites of Community importance — Identification — Creation of the national list of sites concerned — Conservation status assessed in relation to the entire European territory of the Member States falling within the scope of the Treaty — Insufficient identification — Failure to fulfil obligations
(Council Directive 92/43, Arts 1 (e) and (i), 2(1), 3(1), first and second paras, and 4(1) and Annexes II and III)
See the text of the decision.
(see paras 39, 42, 43)
See the text of the decision.
(see para. 40)
See the text of the decision.
(see paras 62, 63, 66)