Judgment of the Court of 3 July 1990.#Commission of the European Communities v Federal Republic of Germany.#Failure of a Member State to fulfil its obligations - Directive on the conservation of wild birds.#Case C-288/88.

Parties

In Case C-288/88,

Commission of the European Communities, represented by Ingolf Pernice, a member of its Legal Department, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Federal Republic of Germany, represented by Ernst Roeder, Regierungsdirektor in the Federal Ministry of the Economy, acting as Agent, with an address for service in Luxembourg at the Embassy of the Federal Republic of Germany, 20-22 avenue Émile-Reuter,

defendant,

APPLICATION for a declaration that the Federal Republic of Germany has failed to fulfil its obligations under the EEC Treaty by not adopting 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 COURT

composed of : F . A . Schockweiler, President of Chamber, for the President, M . Zuleeg, President of Chamber, G . F . Mancini, T . F . O' Higgins, J . C . Moitinho de Almeida, F . Grévisse, M . Díez de Velasco, Judges,

( The grounds of the judgment are not reproduced .)

hereby :

Operative part

( 1 ) Declares that the Federal Republic of Germany has failed to fulfil its obligations under the EEC Treaty by not adopting all the measures necessary to implement Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;

( 2 ) Orders the Federal Republic of Germany to pay the costs .