Case C-254/01: Action brought on 3 July 2001 by Commission of the European Communities against Republic of Finland
Date: 2001-09-01
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, high-speed transport, rail transport, technical regulations

1.9.2001

EN

Official Journal of the European Communities

C 245/11

security of the coast and of its inhabitants, is designed to
acquire an appropriate insight into the dynamics of the coastal
area. The contract thus comes under the categories indicated
by CPC Reference No 86753 (‘surface surveying services’) and
No 86754 (‘map making services’), and thus under the services
indicated in Category No 12 in Annex I A to the directive:
‘architectural services; engineering services and integrated
engineering services; urban planning and landscape architec-
tural services; related scientific and technical consulting services ...’
Pursuant to Article 8 of the directive, contracts having as their
object services listed in Annex I A are to be awarded in
accordance with the provisions of Titles III to VI (which
include the placing of an indicative notice and a notice in the
Official Journal and the following of an open or restricted
procedure).

Finally, the Commission is unable to accept the invocation of
Article 11(3(b) of the directive,
in particular the technical
reasons referred to therein. It is extremely unlikely that there
would, in other Member States with a seacoast, not be any
undertakings in a technical and financial position to perform
the contract.

(1) OJ 1992 L 209, p. 1.

Action brought on 3 July 2001 by Commission of the
European Communities against Republic of Finland

(Case C-254/01)

(2001/C 245/20)

An action against the Republic of Finland was brought before
the Court of Justice of the European Communities on 3 July
2001 by the Commission of the European Communities,
represented by M. Huttunen and M. Wolfcarius, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that the Republic of Finland has failed to adopt
the laws, regulations or administrative provisions required
to comply with Directive 96/48/EC (1) and has thus failed
to fulfil its obligations under the directive, other than
the obligation to notify the responsible body under
Article 20(1);

2. Order the Republic of Finland to pay the costs.

Pleas in law and main arguments

The third paragraph of Article 249 EC states that a directive is
binding, as to the result to be achieved, on each Member State
to which it is addressed.

The first paragraph of Article 10 EC states that Member States
are to take all appropriate measures, whether general or
specific, to ensure fulfilment of the obligations arising out of
the Treaty or resulting from actions taken by the institutions
of the Community.

interoperability of

This obligation deriving directly from the Treaty is repeated
expressly in Article 23 of Directive 96/48/EC, according to
which the Member States are to amend and adopt their laws,
regulations and administrative provisions so as to authorise
the trans-
the use of constituents of
European high-speed rail system and the putting into service
and operation of subsystems which comply with the directive,
no later than 30 months after entry into force of the directive.
They are to inform the Commission thereof forthwith. In this
connection, it should be emphasised that even in the absence
of the technical specifications for interoperability under Chap-
ter II of the directive, Chapters III and IV of the directive are
fully in force and applicable.

Finland refers to the decision of the Ministry of Transport of
3 March 1999, in which the ministry decided to designate
Ratahallintokeskus (Rail Administration Centre) as the control
body under Article 20 of Directive 96/48/EC on the interop-
erability of the trans-European high-speed rail system. The
Ministry of Transport also invited the Ratahallintokeskus to
take account when making technical decisions of the technical
specifications of interoperability adopted on the basis of the
above directive.

Apart from that decision, Finland has not notified any other
legislative or administrative measures on the basis of which
the Commission could find that Finnish legislation together
with the administrative measures in force authorise the use of
constituents of interoperability of the trans-European high-
speed rail system and the putting into service and operation of
subsystems which comply with the directive. Finland has
notified only that it is preparing an overall recasting of railway
legislation and that the aim is to include in the amendments
adequate provisions for implementation of the directive on
high-speed rail systems.

(1) Council Directive 96/48/EC of 23 July 1996 on the interoperabi-
lity of the trans-European high-speed rail system (OJ L 235 of
17.9.1996, p. 6).