Case law

The article presents a case that involved a request for a preliminary ruling concerning the interpretation of Articles 9 and II of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as amended. The Ministero declared that it was not competent and had referred the applicant to the second respondent (Regione Lombardia), stating that it was for the Regione Lombardia to identify the sites and to inform the Ministero accordingly, pursuant to the DPR. The applicant had resubmitted its application to the Regione Lombardia, which was then rejected on the ground that the application could not be considered until such time as the Ministero asked the Regione Lombardia to launch the procedure under the relevant provision of the DPR. The declassification obligation became all the greater when the site includes land belonging to an owner whose exercise of his right to property is restricted as a result of that listing.