Judgment of the Court (Third Chamber) of 10 September 2009.#Commission of the European Communities v Kingdom of Belgium.#Failure of a Member State to fulfil its obligations - Articles 28 EC and 30 EC -Protection of species of wild fauna and flora - Legislation on the keeping and marketing of birds born and bred in captivity legally placed on the market in other Member States.#Case C-100/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 28 EC – Protection of species of wild fauna and flora – Prohibition of keeping certain birds legally placed on the market in other Member States.

Operative part

Operative part

The Court:

1. Declares that,

– by making the import, keeping and sale of specimens of birds born and bred in captivity legally placed on the market in other Member States subject to restrictive conditions that require the market participants concerned to alter the marking of the birds so as to satisfy the conditions specifically required by the Belgium legislation, and by failing to recognise the marking accepted in other Member States or certificates issued in accordance with Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein; and

– by denying traders the opportunity to obtain exemptions from the prohibition of keeping indigenous European birds legally placed on the market in other Member States,

the Kingdom of Belgium has failed to fulfil its obligations under Article 28 EC

2. Orders the Kingdom of Belgium to pay the costs.