Judgment of the Court (Eighth Chamber) of 3 March 2011.#European Commission v Italian Republic.#Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Derogations from the system of protection for wild birds.#Case C-508/09.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Derogations – Region of Sardinia.

Operative part

Operative part

The Court:

1. Declares that, the region of Sardinia having adopted, and applying, legislation relating to the authorisation of derogations from the rules for the protection of wild birds that does not satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive;

2. Orders the Italian Republic to pay the costs.