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C 112/6 EN Official Journal of the European Union 10.5.

2003

JUDGMENT OF THE COURT JUDGMENT OF THE COURT

(Sixth Chamber)
(Second Chamber)

of 20 March 2003
of 13 March 2003
in Case C-378/01: Commission of the European Communi-
ties v Italian Republic (1)
in Case C-436/01: Commission of the European Communi-
ties v Kingdom of Belgium ( 1)
(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Special protection areas — Conservation of
wild birds) (Failure by a Member State to fulfil its obligations —
Directive 98/81/EC — Failure to transpose within the
prescribed period)
(2003/C 112/10)

(Language of the case: Italian) (2003/C 112/11)

(Provisional translation; the definitive translation will be published (Language of the case: Dutch)
in the European Court Reports)

(Provisional translation; the definitive translation will be published


in the European Court Reports)
In Case C-378/01, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, by failing to classify as special protection areas the
most suitable territories, in number and size, for the protection
of those species mentioned in Annex I to Council Directive In Case C-436/01, Commission of the European Communities
79/409/EEC of 2 April 1979 on the conservation of wild birds (Agent: H. van Lier) v Kingdom of Belgium (Agent: A. Snoecx):
(OJ 1979 L 103, p. 1), as subsequently amended, and of the Application for a declaration that, by failing to adopt, within
other migratory species which regularly occur in Italy, and by the prescribed period, all the laws, regulations and administrat-
failing to send to the Commission all necessary information ive provisions necessary to comply with Council Directive 98/
relevant to most of the said areas classified by it, the Italian 81/EC of 26 October 1998 amending Directive 90/219/EEC
Republic has failed to fulfil its obligations under Article 4(1) on the contained use of genetically modified micro-organisms
to (3) of that directive, the Court (Sixth Chamber), composed (OJ 1998 L 330, p. 13), or, in any event, by failing to notify
of: J.-P. Puissochet, President of the Chamber, R. Schintgen and the Commission of those provisions, the Kingdom of Belgium
C. Gulmann (Rapporteur), F. Macken and N. Colneric, Judges; has failed to fulfil its obligations under that directive, the Court
P. Léger, Advocate General; L. Hewlett, Principal Administrator, (Second Chamber), composed of: R. Schintgen, President of
for the Registrar, has given a judgment on 20 March 2003, in the Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
which it: F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
judgment on 13 March 2003, in which it:

1. Declares that, by failing to classify as special protection areas


the most suitable territories, in number and size, for the 1. Declares that, by failing to adopt, within the prescribed period,
protection of those species mentioned in Annex I to Council the laws, regulations and administrative provisions necessary to
Directive 79/409/EEC of 2 April 1979 on the conservation of comply with Council Directive 98/81/EC of 26 October 1998
wild birds, as subsequently amended, and of the other migratory amending Directive 90/219/EEC on the contained use of
species which regularly occur in Italy, and by failing to send to genetically modified micro-organisms, the Kingdom of Belgium
the Commission all necessary information relevant to most of has failed to fulfil its obligations under that directive;
the said areas classified by it, the Italian Republic has failed to
fulfil its obligations under Article 4(1) to (3) of that directive;
2. Orders the Kingdom of Belgium to pay the costs.
2. Orders the Italian Republic to pay the costs.

(1 ) OJ C 17 of 19.1.2002.
( 1) OJ C 348 of 8.12.2001.