EuGH · C-90/10

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Infringement of Article 4(4) and Article 6(1) and (2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) – Sites of Community importance – Conservation measures – Macaronesian biogeographical region. Operative part Operative part The Court: 1. Declares that, – by failing to establish, in accordance with Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, conservation priorities in relation to the special areas of conservation corresponding to the sites of Community importance for the Macaronesian biogeographical region within Spanish territory and identified by Commission Decision 2002/11/EC of 28 December 2001 adopting the list of sites of Community importance for the Macaronesian biogeographical region, pursuant to Council Directive 92/43, and – by failing to adopt and apply, in accordance with Article 6(1) and (2) of Directive 92/43, the appropriate conservation measures and a protection system to prevent the deterioration of habitats and significant disturbance of species, by ensuring the legal protection of the special areas of conservation covering the sites referred to in Decision 2002/11 situated in Spanish territory, the Kingdom of Spain has failed to fulfil its obligations under Article 4(4) and Article 6(1) and (2) of Directive 92/43; 2. Orders the Kingdom of Spain to pay the costs; 3. Orders the Republic of Finland to bear its own costs.