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10.5.

2003 EN Official Journal of the European Union C 112/7

JUDGMENT OF THE COURT 1. Declares that, in adopting a measure transposing Council


Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, which:
(Third Chamber)
— excludes from the scope of the rules on the assessment of
of 20 March 2003 the implications for the environment projects other than
those listed in the Italian legislation implementing direc-
tives on environmental impact assessment that are likely
in Case C-143/02: Commission of the European Communi- to have a significant effect on sites of Community
ties v Italian Republic (1) importance,

— fails to impose upon the competent authorities of the


(Failure of a Member State to fulfil obligations — Directive Member State any obligation to take appropriate steps in
92/43/EEC — Conservation of natural habitats — Wild respect of special protection areas to avoid the deterioration
fauna and flora) of natural habitats and of the habitats of species or
disturbance of the species for which the areas were
designated, in so far as such disturbance could be
(2003/C 112/12) significant in relation to the objectives of Directive 92/
43,
(Language of the case: Italian)
— fails to provide that the conservation measures referred to
in Article 6(2) of that directive apply to the sites referred
(Provisional translation; the definitive translation will be published to in Article 5(1) of that directive,
in the European Court Reports)
the Italian Republic has failed to fulfil its obligations under
Articles 5, 6 and 7 of that directive;

In Case C-143/02, Commission of the European Communities 2. Orders the Italian Republic to pay the costs.
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, in adopting legislation transposing Council Direc- (1 ) OJ C 144 of 15.6.2002.
tive 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),
which:

— excludes from the scope of the rules on the assessment of


the implications for the environment projects other
than those listed in the Italian legislation implementing
directives on environmental impact assessment that are
likely to have a significant effect on sites of Community Reference for a preliminary ruling by the Oberlandesger-
importance, icht Rostock by order of that Court of 5 February 2003 in
the procurement review procedure 1. Simrad GmbH &
Co. KG, 2. Kongsberg Simrad AS against Ministry for
— fails to impose upon the competent authorities of the
Education, Science and Culture Mecklenburg-Vorpom-
Member State any obligation to take appropriate steps in
mern
respect of special protection areas to avoid the deterio-
ration of natural habitats and of the habitats of species or
disturbance of the species for which the areas were (Case C-50/03)
designated, in so far as such disturbance could be
significant in relation to the objectives of Directive 92/
43, (2003/C 112/13)

— fails to provide that the conservation measures referred


to in Article 6(2) of that directive apply to the sites
referred to in Article 5(1) of that directive,
Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht
the Italian Republic has failed to fulfil its obligations under Rostock (Higher Regional Court, Rostock) of 5 February 2003,
Articles 5, 6 and 7 of that directive, the Court (Third Chamber), received at the Court Registry on 10 February 2003, for a
composed of: J.-P. Puissochet, President of the Chamber, preliminary ruling in the procurement review procedure
C. Gulmann (Rapporteur) and F. Macken, Judges; P. Léger, 1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against
Advocate General; R. Grass, Registrar, has given a judgment Ministry for Education, Science and Culture Mecklenburg-
on 20 March 2003, in which it: Vorpommern on the following questions: