Judgment_paragraph 26 · Commission of the European Communities v Kingdom of Spain (C-235/04)

26In view of the scientific nature of the IBA 89 and of the absence of any scientific evidence adduced by a Member State tending particularly to show that the obligations flowing from Article 4(1) and (2) of Directive 79/409 could be satisfied by classifying as SPAs sites other than those appearing in that inventory and covering a smaller total area, the Court has held that that inventory, although not legally binding, could be used by the Court as a basis of reference for assessing whether a Member State has classified a sufficient number and size of areas as SPAs for the purposes of the abovementioned provisions of Directive 79/409 (see, to that effect, Case C-3/96 Commission v Netherlands [1998] ECR I-3031, paragraphs 68 to 70, and Case C-378/01 Commission v Italy [2003] ECR I-2857, paragraph 18).

Commission of the European Communities v Kingdom of Spain (C-235/04)

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