Court of Justice 27 October 2005, C-209/04 (Commission of the European Communities v Republic of Austria.)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introduction 1. In this action for failure to fulfil obligations, the Commission takes issue with the application of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2) (‘the Birds Directive’) and of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna