CJEU Dismisses EC Action Against Romania Over Wild Bird Conservation

The European Commission (EC) had taken Romania before the Court for failing to designate sufficient territories (special protection areas - SPAs) to ensure the adequate protection of the habitats of several species of wild birds and certain species of migratory birds.

In its defense, Romania said the action was inadmissible, on the grounds that, in the letter of formal notice, the EC complained that Romania had not communicated the list of SPAs, but in the reasoned opinion the EC's argument was that the SPAs designated were insufficient in number and size. Romania pointed out that the reasoned opinion should have been based on the same complaints as those relied upon in the letter of formal notice.

The Court agreed with the Romanian state's points and noted that, on December 31, 2007, less than two months after receiving the letter of formal notice, Romania sent the national list of SPAs, which it had classified in the meantime, to the EC.

The Court also noted that Romania was not given the opportunity to present its observations on this issue, as the EC sent a reasoned opinion on September 23, 2008, arguing that the state had not classified sufficient SPAs.

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