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2016-1 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0376 and id is 1 raw text is: ZCVRLA Case C-141/14 European Commission V Republic of Bulgaria (Failure of a Member State to fulfil obligations - Directive 2009/147/EC - Conservation of wild birds - Kaliakra and Belite Skali special protection areas - Directive 92/43/EEC - Conservation of natural habitats and wild species - Kompleks Kaliakra site of Community importance - Directive 2011/92/EU - Assessment of the effects of certain projects on the environment - Temporal applicability of the system of protection - Deterioration of natural habitats of species and disturbance of species - Wind power - Tourism) Summary - Judgment of the Court (Third Chamber), 14 January 2016 1. Environment - Conservation of wild birds - Directive 2009/147 - Selection and delimitation of special protection areas - Member States' discretion - Limits (European Parliament and Council Directive 2009/147, Art. 4(1), and 2) 2. Environment - Conservation of natural habitats and of wild fauna and flora - Directive 92/43 - Special protection areas - Obligation of Member States to avoid the deterioration of natural habitats and the habitats of species - Scope - Temporal applicability of the system of protection (Council Directive 92/43, Art. 6(2)) 3. Environment - Conservation of natural habitats and of wild fauna and flora - Directive 92/43 - Special protection areas - Obligation of Member States to avoid the deterioration of natural habitats and the habitats of species - Failure to fulfil obligations - Burden of proof on the Commission - Scope (Council Directive 92/43, Art. 6(2)) 4. Environment - Conservation of wild birds - measures - Obligation of Member States to avoiA habitats of species - Failure to fulfil obligations - Directive 2009/147 - Special conservation the deterioration of natural habitats and the Burden of proof on the Commission - Scope (European Parliament and Council Directive 2009/147, Art. 4(4)) 5. Environment - Conservation of wild birds - Directive 2009/147 - Special conservation measures - Obligation of Member States to avoid pollution and the deterioration of habitats - Non designation of the area in question as a special protection area - No effect (European Parliament and Council Directive 2009/147, Art. 4(4)) ECLJ:EU:C:2016:81 Reports of Cases 1

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