Judgment of the Court (Sixth Chamber) of 15 January 2009.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Preservation and maintenance of habitats - Classification of special protection areas - Prohibition of hunting and capture - Incorrect transposition.#Case C-259/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to transpose Article 3(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Defective transposition of Articles 3(2), 4(1), 5 and Article 8(1) of that directive.

Operative part

Operative part

The Court:

1. Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Articles 3(1) and (2), 4(1), 5 and 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under those provisions;

2. Orders the Hellenic Republic to pay the costs.