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)
Date: 2008-12-22
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, degradation of the environment, environmental liability, national implementing measure, polluter pays principle, pollution control measures, prevention of pollution

C 44/22

EN

Official Journal of the European Union

21.2.2009

Judgment of the Court (Seventh Chamber) of 18 December
the European Communities v
2008 — Commission of

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

Grand Duchy of Luxembourg

Republic of Finland

(Case C-273/08) (1)

(Case C-328/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/81/EC — Atmospheric pollutants — Failure to commu-
nicate programmes for the reduction of emissions, national
emission inventories and annual projections for the year 2010)

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

(2009/C 44/36)

(2009/C 44/37)

Language of the case: French

Language of the case: Finnish

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and A. Alcover San Pedro, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

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

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

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to draw
the
up and communicate, within the prescribed time-limits,
documents provided for in Articles 6, 7 and 8 of Directive
2001/81/EC of the European Parliament and of the Council of
23 October 2001 on national emission ceilings for certain
atmospheric pollutants (OJ 2001 L 309, p. 22)

Operative part of the judgment

The Court:

1. declares that, by failing to communicate to the Commission of the
European Communities, within the prescribed time-limit,
the
programmes, inventories and annual projections for the year 2010
relating to the progressive reduction of
its emissions of sulphur
dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds
(VOC) and ammonia (NH3), the Grand Duchy of Luxembourg has
failed to fulfil its obligations under Directive 2001/81/EC of the
European Parliament and of the Council of 23 October 2001 on
national emission ceilings for certain atmospheric pollutants;

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 adminis-
trative 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 reme-
dying of environmental damage, the Republic of Finland has failed
to fulfil its obligations under that directive;

2. orders the Grand Duchy of Luxembourg to pay the costs.

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

(1) OJ C 209, 15.8.2008.

(1) OJ C 236, 13.9.2008.