Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Republic of Finland (Judgment of the Court (Sixth Chamber)) [2008] EUECJ C-328/08 (22 December 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C27308.html
Cite as: [2008] EUECJ C-328/8, [2008] EUECJ C-328/08, EU:C:2008:775, ECLI:EU:C:2008:775

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Judgment of the Court (Sixth Chamber) of 22 December 2008 – Commission v Finland

(Case C-328/08)

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability – Failure to transpose within the prescribed period

Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see paras 9-10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56).

Operative part

The Court:

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Finland has failed to fulfil its obligations under that directive;

2.

Orders the Republic of Finland to pay the costs.

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