Judgment — ECLI:EU:C:2006:694
Date: 2006-10-26
Language of the case: Swedish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Finland

Judgment of the Court (Sixth Chamber) of 26 October 2006 – Commission v Finland (Case C-159/06) Failure of a Member State to fulfil obligations – Directive 2001/42/EC –Assessment of the effects of certain plans and programmes on the environment – Failure to implement within the prescribed period 1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9) 2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on internal order – Not permissible (Art. 226 EC) (see para. 11) Re: Failure of a Member State to fulfil obligations – Failure to implement within the prescribed period, with regard to the autonomous province of Åland, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30). Operative part The Court 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, the Republic of Finland has failed, with regard to the autonomous region of the Åland islands, to fulfil its obligations under that directive; 2. Orders the Republic of Finland to pay the costs.