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.

  1. 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.

  2. Directive 79/409/EEC is not applicable to specimens of birds born and reared in captivity.


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