Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Commission of the European Communities v Ireland

European Union, Ireland
Type of court
International court
Jun 13, 2002
Court name
European Court of Justice
Seat of court
Macken, F.
Gulmann, C.
Skouris, V.
Reference number
Case C-117/00
Wild species & ecosystems
Protected area Wild fauna
The Commission lodged an application and an action under Article 226 EC for a declaration that, by failing to take all the measures necessary to comply with Articles 3 and 4 (4) of Council Directive 79/409/EEC of 2 April 1979 on the Conservation of Wild Birds in respect of the red grouse and Article 6 (2) of Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora in respect of the Owenduff-Nephin Beg Complex special protection area, Ireland failed to comply with those Directives and failed to fulfill its obligations under the EC Treaty. The Irish Government responded that the Commission failed to establish the full facts of which it complained. The habitat of the red grouse had reduced to such a degree that it was no longer sufficient for its conservation. The court declared that by failing to take the measures necessary to safeguard a sufficient diversity and area of habitats fro the red grouse and by failing to take appropriate steps to avoid, in the Owenduff-Nephin Beg Complex special protection area, the deterioration of the habitats of the species for which the special protection area was designated, Ireland had failed to fulfill its obligations under Article 3 and 6 (2) of the Council Directives 79/409/EEC of 2 April 1979 and 92/43/EEC of 21 May 1992. Ireland was ordered to pay the costs.
Full text



Council Directive 79/409/EEC on the conservation of wild birds.

Legislation | European Union | 1979 (2003) | Repealed

Keyword: Birds, Hunting/capture, Endangered species, Management/conservation, Protection of habitats, Hunting gear/hunting methods, Protection of species


Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora

Legislation | European Union | 1992

Keyword: Protected area, Biodiversity, Protection of habitats, Wild fauna, Wild flora, Management/conservation, Endangered species, Hunting/capture, Hunting gear/hunting methods, Ecosystem preservation, Data collection/reporting, Protection of species