Commission of the European Communities v Kingdom of the Netherlands.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Bahlmann
• ECLI: ECLI:EU:C:1987:436
• Docket Number: 236/85
• Date: 13 October 1987
• Procedure Type: Recours en constatation de manquement - fondé

Avis juridique important

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61985J0236

Judgment of the Court of 13 October 1987. - Commission of the European Communities v Kingdom of the Netherlands. - Failure to comply with a directive - Conservation of wild birds. - Case 236/85.

European Court reports 1987 Page 03989

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATES - TRANSPOSITION OF A DIRECTIVE WITHOUT THE ENACTMENT OF LEGISLATION - CONDITIONS - EXISTENCE OF A GENERAL LEGAL CONTEXT ENSURING FULL APPLICATION OF THE DIRECTIVE - MERE ADMINISTRATIVE PRACTICES INSUFFICIENT

( EEC TREATY, ART . 189*(3 )*)

ENVIRONMENT - CONSERVATION OF WILD BIRDS - MANAGEMENT OF A COMMON HERITAGE - DIRECTIVE 79/409/EEC - NEED FOR A FAITHFUL TRANSPOSITION BY THE MEMBER STATES

( COUNCIL DIRECTIVE 79/409/EEC )

Summary

THE TRANSPOSITION OF A DIRECTIVE INTO NATIONAL LAW DOES NOT NECESSARILY REQUIRE THE PROVISIONS OF THE DIRECTIVE TO BE ENACTED IN PRECISELY THE SAME WORDS IN AN EXPRESS AND SPECIFIC ENACTMENT; A GENERAL LEGAL CONTEXT MAY BE SUFFICIENT IF IT IS SUFFICIENTLY CLEAR AND PRECISE IN ORDER TO ENSURE EFFECTIVELY THE FULL APPLICATION OF THE DIRECTIVE . MERE ADMINISTRATIVE PRACTICES, WHICH BY THEIR NATURE ARE ALTERABLE AT WILL BY THE AUTHORITIES AND ARE NOT GIVEN THE APPROPRIATE PUBLICITY, DO NOT FULFIL THAT REQUIREMENT .

A FAITHFUL TRANSPOSITION BECOMES PARTICULARLY IMPORTANT IN A CASE SUCH AS THAT OF DIRECTIVE 79/409/EEC ON THE CONSERVATION OF WILD BIRDS, IN WHICH THE MANAGEMENT OF THE COMMON HERITAGE IS ENTRUSTED TO THE MEMBER STATES AS REGARDS THEIR RESPECTIVE TERRITORIES .

Parties

IN CASE 236/85

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY THOMAS VAN RIJN, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, ALSO A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,

APPLICANT,

V

KINGDOM OF THE NETHERLANDS, REPRESENTED BY D . J . KEUR, DEPUTY LEGAL ADVISER IN THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE NETHERLANDS EMBASSY, 5 RUE C.*M . SPOO,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD ALL THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 79/409/EEC OF 2 APRIL 1979 ON THE CONSERVATION OF WILD BIRDS ( OFFICIAL JOURNAL 1979, L*103, P.*1 ), THE KINGDOM OF THE NETHERLANDS HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, G . BOSCO ( PRESIDENT OF CHAMBER ), T . KOOPMANS, K . BAHLMANN, R . JOLIET, T . F . O' HIGGINS AND F.*SCHOCKWEILER, JUDGES,

ADVOCATE GENERAL : J . L . DA CRUZ VILACA

REGISTRAR : B . PASTOR, ADMINISTRATOR

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 19 FEBRUARY 1987, AT WHICH THE COMMISSION WAS REPRESENTED BY T . H . VAN RIJN, ACTING AS AGENT, AND THE NETHERLANDS WAS REPRESENTED BY G . M . BORCHARDT, ACTING AS AGENT,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 19 MAY 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 31 JULY 1985, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 79/409/EEC OF 2 APRIL 1979 ON THE CONSERVATION OF WILD BIRDS ( OFFICIAL JOURNAL 1979, L*103, P.*1 ), THE KINGDOM OF THE NETHERLANDS HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 PURSUANT TO ARTICLE 18 OF THE DIRECTIVE, THE MEMBER STATES ARE TO ADOPT ALL THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH THE DIRECTIVE WITHIN A PERIOD OF TWO YEARS AS FROM NOTIFICATION THEREOF...