JUDGMENT OF THE COURT (Third Chamber)
8 February 1996(Council Directive 79/409/EEC on the conservation of wild birds - Prohibition of sale - Specimen born and reared in captivity)
In Case C-149/94,
REFERENCE to the Court under Article 177 of the EC Treaty by the Tribunal de Grande Instance, Caen (France) for a preliminary ruling in the criminal proceedings pending before that court against
Didier Vergy
on the interpretation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 : 103, p. 1).
THE COURT (Third Chamber) in answer to the questions referred to it by the Tribunal de Grande Instance, Caen, by decision of 22 March 1994, hereby rules.
- Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild hirds requires the Member States to prohibit trade in specimens belonging to a species of bird which is not listed in the annezes theretl - in so far as the species concerned is a species of naturally occuring birds in the wild state in the European territory of the Member States to which the Treaty applies - subject to the option to derogate provided for by Article 9.
- Directive 79/409/EEC is not applicable to specimens of birds born and reared in captivity.
BORCH'S FALCONRY - english