CELEX: C2004/228/28
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-407/03: Commission of the European Communities against Republic of Finland (Failure of a Member State to fulfil its obligations — Conservation of natural habitats — Wild fauna and flora)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/15
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 15 July 2004
   in Case C-407/03: Commission of the European Communities against Republic of Finland (1)
   
   (Failure of a Member State to fulfil its obligations - Conservation of natural habitats - Wild fauna and flora)
   (2004/C 228/28)
   Language of the case: Finnish
   In Case C-407/03: Commission of the European Communities (Agents: M. van Beek and M. Huttunen) against Republic of Finland (Agent: A. Guimares-Purokoski) — application for a declaration that, by failing to provide a sufficient degree of legal certainty in its national law relating to the obligation to carry out for every project, including those subject to an environmental impact assessment, the appropriate assessment under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), the Republic of Finland has failed to fulfil its obligations under that directive — the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur), Judges; J. Kokott, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to provide a sufficient degree of legal certainty in its national law relating to the obligation to carry out an appropriate assessment for every project, including those subject to an environmental impact assessment, the Republic of Finland has failed to fulfil its obligations under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
            
         
               2.
            
            
               The Republic of Finland is ordered to pay the costs.
            
         
      (1)  OJ C 275 of 15.11. 2003.