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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. # Case C-328/08.
ECLI:EU:C:2008:775
62008CJ0328
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(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.