Criminal proceedings against Didier Vergy. (Environment) [1996] EUECJ C-149/94 (8 February 1996)

Criminal proceedings against Didier Vergy. (Environment) [1996] EUECJ C-149/94 (8 February 1996)

Directive 79/409/EEC requires Member States to prohibit trade in wild bird species not listed in its annexes if they are naturally occurring in the wild in the European territory of the Member States, but does not apply to captive-bred specimens; protection must extend to species whose habitat is not present in the Member State.

Citation
[1996] EUECJ C-149/94
Parties
Defendant: Mr Vergy; Intervener: French Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
08 February 1996
Procedural Posture
Preliminary Ruling (article 177 EC Treaty) / Referral From National Court (tribunal De Grande Instance, Caen) for Interpretation of EU Law
Outcome
Preliminary ruling issued; interpretation of Directive 79/409/EEC provided to national court.
Legal Topics
Interpretation of Directive 79/409/eec, Trade in Protected Bird Species, Scope of Wildlife Protection, Application to Captive Bred Specimens
European Union Law Environmental Law Criminal Law Interpretation of Directive 79/409/eec Trade in Protected Bird Species Scope of Wildlife Protection Application to Captive Bred Specimens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mr Vergy

Defendant

French Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (article 177 EC Treaty) / Referral From National Court (tribunal De Grande Instance, Caen) for Interpretation of EU Law

Legal Issues

  1. 1 Whether Directive 79/409/EEC precludes national legislation restricting or prohibiting trade in bird species not listed in its annexes
  2. 2 Whether the Directive applies to birds born and reared in captivity
  3. 3 Whether protection is required for species whose natural habitat does not occur in the Member State

Ratio Decidendi

Directive 79/409/EEC requires Member States to prohibit trade in wild bird species not listed in its annexes if they are naturally occurring in the wild in the European territory of the Member States, but does not apply to captive-bred specimens; protection must extend to species whose habitat is not present in the Member State.

Court Disposition

Preliminary ruling issued; interpretation of Directive 79/409/EEC provided to national court.

Orders

  • Directive 79/409/EEC requires prohibition of trade in wild bird species not listed in its annexes, subject to derogation under Article 9.
  • Directive 79/409/EEC does not apply to birds born and reared in captivity.