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Document 62008CA0328

    Case C-328/08: Judgment of the Court (Sixth Chamber) of 22 December 2008 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability — Failure to transpose within the prescribed period)

    OJ C 44, 21.2.2009, p. 22–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.2.2009   

    EN

    Official Journal of the European Union

    C 44/22


    Judgment of the Court (Sixth Chamber) of 22 December 2008 — Commission of the European Communities v Republic of Finland

    (Case C-328/08) (1)

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

    (2009/C 44/37)

    Language of the case: Finnish

    Parties

    Applicant: Commission of the European Communities (represented by: U. Wölker and I. Koskinen, acting as Agents)

    Defendant: Republic of Finland (represented by: A. Guimaraes-Purokoski, acting as Agent)

    Re:

    Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, 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 of the judgment

    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.


    (1)  OJ C 236, 13.9.2008.


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