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2005 EN Official Journal of the European Union C 193/7


(Second Chamber) (Sixth Chamber)

of 16 June 2005
of 9 June 2005

in Case C-191/04: Commission of the European Commu-

in Case C-135/04: Commission of the European Commu- nities v French Republic (1)
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Pollution

and nuisance — Urban waste water treatment — Directive
(Conservation of wild fauna — Wild birds — Hunting
periods — Hunting of woodpigeon during return journey in
the province of Guipúzcoa)

(2005/C 193/11)

(2005/C 193/10)

(Language of the case: French)

(Language of the case: Spanish)

In Case C-191/04: action for failure to fulfil obligations under

Article 226 EC, brought on 23 April 2004, Commission of
the European Communities (Agents: A. Bordes and G. Valero
In Case C-135/04 Commission of the European Commu- Jordana) v French Republic (Agents: G. de Bergues and C.
nities (Agents: G. Valero Jordana and M. van Beek) v Kingdom Jurgensen-Mercier) the Court (Sixth Chamber), composed of A.
of Spain (Agents: N. Díaz Abad and M. Muñoz Perez) — Borg Barthet (Rapporteur), President of the Chamber, A. La
action under Article 226 EC for failure to fulfil obligations, Pergola and A. Ó Caoimh, Judges; Advocate General: J. Kokott,
brought on 12 March 2004 — the Court (Second Chamber), Registrar: R Grass, gave a judgment on 16 June 2005, in which
composed of C. W. A. Timmermans, President of the Chamber, it:
R. Silva de Lapuerta, C. Gulmann (Rapporteur), R. Schintgen
and G. Arestis, Judges; L. A. Geelhoed, Advocate General; M.
Ferreira, Principal Administrator, for the Registrar, gave a judg-
ment on 9 June 2005, in which it: 1. Declares that, by failing to provide to the Commission of the
European Communities, within six months of the request made on
18 December 2000, the information to be collected by 31
December 1999 by the competent authorities or appropriate
1. Declares that, by allowing the practice of 'a contrapasa' hunting of bodies as part of the monitoring of discharges and residual sludge,
woodpigeons in the province of Guipúzcoa, the Kingdom of Spain introduced by Article 15 of Council Directive 91/271/EEC of 21
has failed to fulfil its obligations under Article 7(4) of Council May 1991 concerning urban waste water treatment, with respect
Directive 79/409/EEC of 2 April 1979 on the conservation of to the agglomerations concerned by the 31 December 1998 time-
wild birds; limit, the French Republic has failed to fulfil its obligations under
Article 15(4) of that directive;

2. Orders the Kingdom of Spain to pay the costs. 2. Orders the French Republic to pay the costs.

(1) OJ C 106 of 30.4.2004. (1) OJ C 156 of 12.06.2004